Allowed

Mithilesh Kumar Singh and Another v. Assistant Ragistrar and 3 Others

Allahabad HC17 Nov 2022SPLA/680/2022

Case brief

AI extract

What is this about?

In this intra-court special appeal, the High Court set aside the Single Judge's order dismissing a writ petition for lacking alternative remedy. The Court observed that the Single Judge failed to address specific facts alleging the election for the committee of management was void. Consequently, the writ petition was restored for a fresh consideration on merits.

What did the court decide?

Set aside the order of the learned Single Judge and restore the writ petition for fresh consideration before an appropriate Single Judge Bench.

Mithilesh Kumar Singh and Another Vs Assistant… — Cooperative Societies | Allahabad HC (2022)

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Court No. - 29

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Case :- SPECIAL APPEAL No. - 680 of 2022

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Appellant :- Mithilesh Kumar Singh And Another Respondent :- Assistant Ragistrar And 3 Others Counsel for Appellant :- Yashpal Yadav,Lalji Yadav Counsel for Respondent :- C.S.C.,Aditya Kumar Kashyap,Pankaj Kumar Gupta

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Hon'ble Manoj Misra,J. Hon'ble Vikas Budhwar,J.

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Heard Sri G.K. Singh, learned Senior Counsel, assisted by Sri Yashpal, for the appellants; learned Standing Counsel for the respondents 1 and 2; and Sri Pankaj Kumar Gupta for the respondent no.4.

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This intra court appeal is against the judgment and order of the learned Single Judge dated 26.09.2022 passed in Writ-C No.26245 of 2022 by which the writ petition of the appellants has been dismissed on ground of availability of alternative remedy.

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Before the learned Single Judge the order dated 21.07.2022 passed by the Assistant Registrar and the minutes of election dated 13.08.2022 were challenged.

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A perusal of the order dated 21.07.2022 would reflect that the Assistant Registrar decided to call for a meeting to hold election under Section 25(2) of the Societies Registration Act, 1860 upon finding that no election of the office bearers had been held within the period specified in the bye-laws of the Society. Pursuant to the order dated 21.07.2022, the election meeting was held on 13.08.2022.

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The learned counsel for the appellants submitted that in so far as the direction to hold election of the office bearers of the society is concerned, the appellants are not aggrieved but they are aggrieved by the electoral college determined by the Assistant Registrar and the election held in pursuance thereof. It has been submitted that even assuming that the order dated 21.07.2022 to the extent it directs to hold election is justified, the election held on 13.08.2022 is not in respect of office bearers of the society. Rather, it is an election of the members of the committee of management of the institution established under the Scheme of Administration and that too under supervision of an observer appointed by a person, who was to hold the election of the office bearers of the society. It has been submitted that, under the circumstances, the proceedings dated

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13.08.2022 were completely void. Hence, the writ petitioners (the appellants herein) should not have been relegated to the alternative remedy.

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In support of the above submission, our attention has been invited to paragraphs 51 to 54 of the writ petition.

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As we notice that the learned Single Judge did not advert to the facts pleaded in the writ petition, without expressing any opinion on the merits of the submissions noticed above, we deem it appropriate to set aside the order of the learned Single Judge for a fresh consideration of the writ petition. The order dated 26.09.2022 is hereby set aside. Writ-C No.26245 of 2022 shall be restored to its original number and shall be listed before appropriate Single Judge Bench on 29th November, 2022.

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The appeal stands allowed to the extent above.

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Order Date :- 17.11.2022 AKShukla/-

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Digitally signed by ANIL KUMAR SHUKLA Date: 2022.11.19 16:44:13 IST Reason: Location: High Court of Judicature at Allahabad

Mithilesh Kumar Singh and Another v. Assistant Ragistrar and 3 Others

Case brief

What is this about?

What did the court decide?

Mithilesh Kumar Singh and Another v. Assistant Ragistrar and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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