Shri Guru Singh Sabha (Regd.) Vs State of U.P. and Another

Court No. - 54

Case :- WRIT - C No. - 606 of 2020

Petitioner :- Shri Guru Singh Sabha (Regd.) Respondent :- State of U.P. and Another Counsel for Petitioner :- Vinod Kumar Agarwal,Anshul Kumar Singhal Counsel for Respondent :- C.S.C.

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Hon'ble Rajiv Joshi,J.

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Heard learned counsel for the petitioner and Sri R.P. Tiwari, learned standing counsel appearing for the State-respondents.

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The present writ petition has been filed assailing the order dated 11.11.2019 passed by respondent no. 2- Assistant Registrar, Firms,societies and Chits, Saharanpur, by which a direction was issued to the S.D.M.,Sadar,Saharanpur/Prescribed Authority, to ensure election of the society under section 25(2) of the Societies Registration Act either himself or by nominating an election officer.

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Contention of the learned counsel for the petitioner is that power to hold election under section 25(2) of the Act is with the Registrar/Assistant Registrar and therefore the above direction issued to the S.D.M. is without jurisdiction.

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On the other hand, learned standing counsel submits that he has no objection in case election is held by the Assistant Registrar as per section 25(2) of the Act.

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In view of the above, this writ petition is being finally disposed of by issuing a direction to the respondent no. 2- Assistant Registrar, Firms,societies and Chits, Saharanpur, to hold election of the petitioner-society under section 25(2) of the Act, in accordance with law expeditiously, if possible, within a period of two months from the date of presentation of a certified copy of this order. The order impugned dated 11.11.2019 stands modified to the above extent.

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Order Date :- 9.1.2020 SNT/

Shri Guru Singh Sabha (Regd.) v. State of U.P. and Another

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Shri Guru Singh Sabha (Regd.) v. State of U.P. and Another

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