Disposed¶¶9

Arya Pratinidhi Sabha, Lko. Thru. President (Pradhan), Dr. Ram Ratan Chaturvedi and Another v. State of U.P. Thru. Addl. Chief/ Prin. Secy., Deptt. of Finance, Lko. and Others

Allahabad HC26 Aug 2025WRIC/1263/2025

Case brief

AI extract

What is this about?

Arya Pratinidhi Sabha Lucknow; WRIT - C No. 1263 of 2025; Allahabad High Court Lucknow Bench; Manish Mathur J.; Deputy Registrar; electoral college; fresh election; Governing body; Committee of Management; time barred; five year term; Section 25(2) of the Act of 1860; Devendra Verma; election 21.03.2021; registered 26.03.2021; counter affidavit; listed 07.03.2025; interim order; Societies election dispute.

What the court decided

AI extract

Arya Pratinidhi Sabha, Lko. Thru. President (Pradhan), Dr. Ram Ratan Chaturvedi and Another Vs State of U.P. Thru. Addl. Chief/ Prin. Secy., Deptt. of Finance, Lko. and Others — Allahabad HC (2025) — LawSathi Research

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Court No. - 19

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Case :- WRIT - C No. - 1263 of 2025

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Petitioner :- Arya Pratinidhi Sabha, Lko. Thru. President (Pradhan), Dr. Ram Ratan Chaturvedi And Another Respondent :- State Of U.P. Thru. Addl. Chief/ Prin. Secy., Deptt. Of Finance, Lko. And Others Counsel for Petitioner :- Gaurav Mehrotra,Harsh Vardhan Mehrotra,Maria Fatima,Santosh Kumar Tripathi Counsel for Respondent :- C.S.C.,Abhishek Yadav,Atul Kumar Dwivedi

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Hon'ble Manish Mathur,J.

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Despite directions passed earlier, no counter affidavit has been forthcoming from the State Authority.

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Learned counsel for petitioners however has expressed urgency in the matter in view of the fact that in pursuance of the impugned order, the Deputy Registrar is proceeding to finalize the electoral college for purposes of holding a fresh election for the Governing body of the Societies.

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It is submitted that the impugned order itself has been passed ignoring the factual as well as legal situation inasmuch as the impugned order itself indicates that one election of the Society in which one Mr. Devendra Verma was elected President of the Society was held on 21.03.2021 and was registered on 26.03.2021. It is submitted that since the term of the Committee of Management is five years, Deputy Registrar has clearly erred in declaring the term of Committee of Management of the Society to be time barred.

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It is further submitted that as per settled law, the outgoing Society is entitled to hold elections for the fresh incumbents prior to any declaration being made in terms of Section 25(2) of the Act of 1860 regarding time barred and therefore since in the present case, present elections were held prior to declaration of the Committee being time barred, the fresh elections under Section 25(2) of the Act was uncalled for.

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With regard to aforesaid, list this case on 07.03.2025, as fresh.

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Learned State counsel may be filed counter affidavit as directed earlier or obtain written instructions with regard to aforesaid submissions.

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Order Date :- 3.3.2025 Subodh/-

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

Arya Pratinidhi Sabha, Lko. Thru. President (Pradhan), Dr. Ram Ratan Chaturvedi and Another v. State of U.P. Thru. Addl. Chief/ Prin. Secy., Deptt. of Finance, Lko. and Others

Case brief

What is this about?

What the court decided

Arya Pratinidhi Sabha, Lko. Thru. President (Pradhan), Dr. Ram Ratan Chaturvedi and Another v. State of U.P. Thru. Addl. Chief/ Prin. Secy., Deptt. of Finance, Lko. and Others

Case brief

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