Board of Trustees Shri Saraswati Jayanti Vidhyalaya Trust Thru. Mgr. Kaushal Prasad Shukla and Anr. v. State of U.P. Thru. Addl. Chief Secy., Finance Deptt., Lucknow and Others

Allahabad HC2 Jul 2024WRIC/5729/2024

Case brief

AI extract

What is this about?

Trust petitioned against a Deputy Registrar's order directing its dissolved society to hold elections. Court heard arguments, sought counter affidavit and rejoinder, listed for further hearing, and stayed operation of the impugned order until then.

What the court decided

AI extract

Board of Trustees Shri Saraswati Jayanti Vidhyalaya… — Cooperative Societies | Allahabad HC (2024)

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Court No. - 7

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Case :- WRIT - C No. - 5729 of 2024

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Petitioner :- Board Of Trustees Shri Saraswati Jayanti Vidhyalaya Trust Thru. Mgr. Kaushal Prasad Shukla And Anr Respondent :- State Of U.P. Thru. Addl. Chief Secy., Finance Deptt., Lucknow And Others

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Counsel for Petitioner :- Sanjay Kumar Srivastava,Akshat Kumar

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Counsel for Respondent :- C.S.C.

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Hon'ble Alok Mathur,J.

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Heard learned counsel for the petitioners and learned Standing Counsel on behalf of respondents no.1 and 2.

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The petitioner is the Board of Trustees of Shri Saraswati Jayanti Vidhyalaya Trust, Trivediganj, District - Barabanki having been constituted by means resolution of General Body on 15.03.2022. Previous to 15.03.2022, the petitioner was registered under the Society Registration Act and was complying the statutory provisions thereof. With regard to the elections being held by the Society, the matter had engaged the attention of the Deputy Registrar, Cooperative Society, who by means of the impugned order dated 02.05.2024 has declared the Society to be time barred and also directed to hold its elections and submits a report by 30.06.2024. In the said order, the list of 24 final members have also been issued by the Deputy Registrar. Counsel for the petitioner while assailing the impugned order has submitted that in its meeting dated 15.03.2022, the petitioner's Institution had dissolved the Society and resolved to constitute itself as a Trust. It has further been submitted that the said Trust has been duly registered before the Registrar and this fact was duly intimated to the Deputy Registrar, Firms Societies and Chits, Ayodhya Mandal Ayodhya.

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Despite information that the petitioner's Trust has come into operation and the erstwhile Society has been dissolved, the Deputy Registrar has still proceeded to direct the non-existing Society to hold its elections.

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From the impugned order, it is also evident that this fact is known to the Deputy Registrar while passing the said order and it was also informed to him that the said Resolution has been passed by two-third Members of the said Trust.

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Counsel for the petitioner submits that by means of Advertisement date 22.06.2016, the provisions of the Intermediate Education Act, 2021 was amended and specially Section 6(ka), where it has been provided that apart from the Society, the Intermediate Education Institution can also be run by duly incorporated Trust. He submits that it is in terms of the Amendment dated 22.06.2016 that the petitioner's society was dissolved and a Trust was duly constituted.

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In the aforesaid circumstances, the impugned order of the Deputy Registrar directing the Society to hold elections requires interference and the matter requires consideration.

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Accordingly, let a counter affidavit be filed within three weeks. The petitioner shall have two weeks' time thereafter to file rejoinder affidavit.

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List this case on 23.08.2024.

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Till the next date of listing, operation of the impugned order dated 02.05.2024 shall remain stayed.

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Order Date :- 8.7.2024 KR

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(Alok Mathur,J.)

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Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Board of Trustees Shri Saraswati Jayanti Vidhyalaya Trust Thru. Mgr. Kaushal Prasad Shukla and Anr. v. State of U.P. Thru. Addl. Chief Secy., Finance Deptt., Lucknow and Others

Case brief

What is this about?

What the court decided

Board of Trustees Shri Saraswati Jayanti Vidhyalaya Trust Thru. Mgr. Kaushal Prasad Shukla and Anr. v. State of U.P. Thru. Addl. Chief Secy., Finance Deptt., Lucknow and Others

Case brief

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What the court decided

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