Dismissed

C/M Shri Lal Bahadur Shastri Shaheed Vidyalaya Samiti Raebareli Thru. Uma Shankar Mishra and Anr. v. State of U.P. Thru. Prin. Addl. Chief Secy. Institutional Finance Lko. and 10 Others

Allahabad HC13 Jan 2025/4/2025

Case brief

AI extract

What is this about?

Special appeal by a school Samiti challenging the dismissal of its writ petition. The core issue was whether finalizing a member list in 2024 reviewed a 2023 election order. The High Court held the 2023 election mandate remained intact.

What did the court decide?

The special appeal is dismissed; the Single Judge's order stands uncorrected.

C/M Shri Lal Bahadur Shastri Shaheed… — Civil Procedure and Limitation | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:2261-DB

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Court No. - 2

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Case :- SPECIAL APPEAL DEFECTIVE No. - 4 of 2025

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Appellant :- C/M Shri Lal Bahadur Shastri Shaheed Vidyalaya Samiti Raebareli Thru. Uma Shankar Mishra And Anr. Respondent :- State Of U.P. Thru. Prin. Addl. Chief Secy. Institutional Finance Lko. And 10 Others Counsel for Appellant :- Manoj Kumar Shukla,Alok Kr. Misra Counsel for Respondent :- C.S.C.

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Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J.

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Mr. Pramod Kumar Shukla and Mr. Ashish Kumar Mishra, learned Advocates has filed vakalatnama on behalf of respondent no. 5 which is taken on record.

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Heard Mr. Alok Kr. Misra, learned counsel for the appellant, learned Standing Counsel for the State and Mr. Vivek Raj Singh, learned Senior Counsel assisted by Mr. Pramod Kumar Shukla, learned counsel for respondent no. 5.

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Considering the cause shown in the affidavit filed in support of the application, we are of the opinion that the delay in filing the appeal has been explained and it should be condoned. Accordingly, the delay condonation application is allowed and the delay in filing the special appeal is condoned.

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By means of this special appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952, the appellant has challenged the judgment and order dated 18.10.2024 passed by the learned Single Judge in Writ C No. 8668 of 2024.

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Counsel for the appellant fairly submitted that he has filed this appeal challenging the judgment of the learned Single Judge on the sole ground that the plea taken before the learned Single Judge that the Deputy Registrar who had passed the order dated 15.05.2023 could not have reviewed the said order but this has not been appropriately considered by the learned Single Judge who has dismissed the writ petition.

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We have perused the order dated 15.05.2023 and on a reading of it what comes out is that by the said order a final decision was taken by the Deputy Registrar under

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Section 25 (2) of the Societies Registration Act, 1860 for getting elections of the Governing Body of the Society held and as a consequence he issued a tentative list of 40 Members of the society based on the list of the Member of the General Body 2015-16 inviting objections thereof. Representations were filed against the said tentative list of 40 Members which was considered and by the order dated 11.06.2024 a final list of 7 Members of the society had been finalized and elections had been ordered to be held on its basis but the final decision taken on 15.05.2023 under Section 25 (2) of the Societies Registration Act, 1860 to get the elections of the Governing Body remains intact.

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In this view of the matter, we find that the contention of the appellant's counsel that this amounted to review of the earlier decision dated 15.05.2023 is incorrect. The decision under Section 25 (2) of the Societies Registration Act, 1860 dated 15.05.2023 to hold elections remains intact and in that process the tentative list which was issued by the same order was subsequently finalized on 11.06.2024 which cannot be said to be a review of the earlier order as the original decision to hold elections remains intact. Moreover, the appellant has not pressed any challenge to the judgment of the learned Single Judge on any other ground, therefore, we see no reason to interfere in this appeal.

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8. The special appeal is dismissed .

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[Brij Raj Singh, J.] [Rajan Roy, J.]

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Order Date :- 13.1.2025 Santosh/-

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

C/M Shri Lal Bahadur Shastri Shaheed Vidyalaya Samiti Raebareli Thru. Uma Shankar Mishra and Anr. v. State of U.P. Thru. Prin. Addl. Chief Secy. Institutional Finance Lko. and 10 Others

Case brief

What is this about?

What did the court decide?

C/M Shri Lal Bahadur Shastri Shaheed Vidyalaya Samiti Raebareli Thru. Uma Shankar Mishra and Anr. v. State of U.P. Thru. Prin. Addl. Chief Secy. Institutional Finance Lko. and 10 Others

Case brief

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What the court decided

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