Dismissed

C/M Madarsa Khanam Jan Arabic School Orderly Bazar and 32 Others v. State of U.P. and 3 Others

Allahabad HC13 Feb 2020WRIC/4686/2020

Case brief

AI extract

What is this about?

Petition challenging rejection of claim by 40 members. Court dismissed petition, holding independent hearing unnecessary as claims were sponsored by a heard Secretary, and noting determination could be reviewed under Section 25(1) of Societies Act or by Civil Court. Petition consigned to records.

What did the court decide?

Petition consigned to records; no substantive relief granted.

C/M Madarsa Khanam Jan Arabic School Orderly Bazar… — Cooperative Societies | Allahabad HC (2020)

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Court No. - 39

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Case :- WRIT - C No. - 4686 of 2020

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Petitioner :- C/M Madarsa Khanam Jan Arabic School Orderly Bazar And 32 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prabhakar Awasthi Counsel for Respondent :- C.S.C.,Hritudhwaj Pratap Sahi

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Hon'ble Ashwani Kumar Mishra,J.

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This petition is directed against an order passed by the Assistant Registrar Firms, Societies and Chits dated 10.12.2019. This order is essentially in three parts. In the first part, the Assistant Registrar held the amendment in the bye-laws incorporated in the year 2009 to be valid. By the second part of the order, the objection of earlier Secretary has been rejected. In the third part of the order, the claim of 40 members set up by the Secretary is also rejected. This petition is directed against the third part of the order.

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According to the petitioners, they were enrolled as members by the competent authority in the year 2011-2012 but they have not been permitted to participate in any of the proceedings of the society. According to the petitioners, they were not allowed to participate in the elections which were held after 2011-2012. In para-9 of the writ petition, it is admitted that the petitioners have not been permitted to participate in the election and no information has been given in that regard. The Assistant Registrar has found that these persons were never inducted as members.

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Learned counsel for the petitioners states that the order has been passed ex-parte against these 40 persons.

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A perusal of the record would go to show that an earlier Writ Petition was filed before this Court being Writ Petition No. 7910 of 2019 and in terms of its order a representation made by 42 persons including the Secretary and forty other alleged members. It is admitted that the Secretary has been heard. Apparently the claim of these 40 alleged members was being sponsored by the Secretary who admittedly has been heard in the matter. No independent hearing was, therefore, required to be given to these 40 persons. Even otherwise, the determination made by the Assistant Registrar is subject to reference under Section 25(1) of the Societies Registration Act, 1860 or an appropriate determination by Civil Court. Petitioners are also claiming their independent election. It would thus be open for them to make their reference with the support of 1/4th

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members challenging under Section 25(1) of the Act of 1860.

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Subject to the observations aforesaid, this petition is consigned to records.

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Order Date :- 13.2.2020 n.u.

C/M Madarsa Khanam Jan Arabic School Orderly Bazar and 32 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

C/M Madarsa Khanam Jan Arabic School Orderly Bazar and 32 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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