Committee of Management Jai Maa Durge Samiti Gram Badani and 29 Others Vs State of U.P. and 2 Others

Neutral Citation No. - 2025:AHC:121685

Court No. - 32

Case :- WRIT - C No. - 20167 of 2025

Petitioner :- Committee Of Management Jai Maa Durge Samiti Gram Badani And 29 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prabhakar Awasthi,Saurabh Tripathi Counsel for Respondent :- Aditendra Singh, Vinod Kumar Singh,Anubhav Dwivedi,C.S.C.,Satyendra Nath Tripathi

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Hon'ble Chandra Dhari Singh,J.

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The instant writ petition has been filed seeking the following main prayers:-

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"i. Issue a writ, order or direction in the nature of Certiorari calling for the records of the case and to quash the impugned order dated 09.06.2025 passed by the Assistant Registrar, Firms, Societies and Chits, Prayagraj (Annexure No.1 to the writ petition).

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ii. Issue a writ, order or direction in the nature of Mandamus commanding the respondents not to disturb the peaceful continuance of petitioner Committee of Management alongside continuance of membership of petitioner nos.3 to 30."

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Mr. Prabhakar Awasthi, learned counsel appearing on behalf of the petitioners submitted that impugned order dated 09.06.2025 passed by the Assistant Registrar is contrary to the statutory provision and without jurisdiction. It is submitted that it is a settled law that the Assistant Registrar has no power to set side the election under Section 4 of the Societies Registration Act, 1860 and submitted that if the Assistant Registrar found any illegality in the list and election, he may refer to the Prescribed Authority under Section 25(1) of the Societies Registration Act, 1860.

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Mr. Awasthi fairly conceded that a liberty may be given by this Court to the petitioner to approach the Prescribed Authority under Section 25(1) of the Act, 1860 and the authority after hearing both the sides and also examining the objections and material available on record regarding list of members and election, pass an order in accordance with law, expeditiously.

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It is further submitted that as per impugned order passed by the Assistant Registrar, new election may not be conducted till the

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decision of the Prescribed Authority under Section 25(1) of the Societies Registration Act, 1860.

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Per contra Mr. R.K. Ojha, learned Senior Counsel assisted by Mr. Vinod Kumar Singh, learned counsel appearing on behalf of respondent no.3 vehemently argued that the Assistant Registrar has correctly examined the membership list and after perusal of the material available on the record has correctly reached at the conclusion that the membership list is illegal and the entire election conducted on the basis of the same list has been set aside, but learned Senior Counsel has no objection on the innocuous prayer as made by the learned counsel for the petitioner that the entire dispute may be referred to the Prescribed Authority under Section 25 (1) of the Societies Registration Act, 1860.

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Taking into consideration of the arguments advanced by learned counsel appearing on behalf of the petitioner and learned Senior Counsel appearing on behalf of respondent no.3 and no objection made by learned Senior Counsel on the innocuous prayer made by the learned counsel for the petitioner, without entering into merits of the case, I am inclined to allow the innocuous prayer made by him. The petitioner is directed to file an appropriate application before the Prescribed Authority under Section 25(1) of the Societies Registration Act within one week from today. After receiving the said application, the Prescribed Authority is directed to pass a fresh and detailed order after adjudicating entire objections and after hearing both the sides, without influencing the impugned order dated 09.06.2025 passed by the respondent no.2, expeditiously, preferably within 10 weeks from the date of receipt of the said application. Till then, no election proceeding shall be conducted.

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With the aforesaid directions/ observations, the present writ petition is disposed of .

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Order Date :- 24.7.2025 Radhika

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(Chandra Dhari Singh, J.)

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Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad

Committee of Management Jai Maa Durge Samiti Gram Badani and 29 Others v. State of U.P. and 2 Others

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Committee of Management Jai Maa Durge Samiti Gram Badani and 29 Others v. State of U.P. and 2 Others

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