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2025 DAILYLAW 100700 (ALL)

THE COMMITTEE OF MANAGEMENT SWARGIYA KANCHAN SINGH BHOOLI DEVI SHIKSHA PRASAR SAMITI AND ANOTHER v. THE STATE OF U.P. AND 3 OTHERS

WRIC/33849/2025 · 2025-09-23

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33849 of 2025 Court No. - 32 HON'BLE CHANDRA DHARI SINGH, J. 1. The instant writ petition has been filed on behalf of petitioners with the following prayers:- " i. Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 30.08.2025 (Annexure No. 1 to this writ petition) passed by the Deputy Registrar, Firms, Societies and Chits Agra Region, Agra i.e. Respondent No. 2. ii. Issue a writ, order or direction in the nature of Mandamus commanding and directing the respondent authorities Deputy Registrar to decide the list of the Electoral College in view of the Section 4(B) (1) of the Act and only after taking decision of the same, the election to the Committee of Management be held under Section 25(2) of the Societies Registration Act." 2. Heard Sri Radha Kant Ojha, learned Senior Counsel assisted by Sri Rajesh Kumar Singh, learned counsel for the petitioners, Sri Ashok Khare, learned Senior Counsel assisted by Sri Himanshu Singh, learned counsel for the respondent 4 and Sri D.K. Singh, learned Standing Counsel for the State-respondents. 3. It is submitted by learned Senior Counsel for the petitioners that Deputy Registrar came to the conclusion that election was held on 3rd of December, 2016, therefore same will be expired on 2nd December of Versus Counsel for Petitioner(s) : Rajesh Kumar Singh, Shivendu Ojha, Sr. Advocate Counsel for Respondent(s) : C.S.C., Himanshu Singh The Committee Of Management Swargiya Kanchan Singh Bhooli Devi Shiksha Prasar Samiti And Another .....Petitioner(s) The State Of U.P. And 3 Others .....Respondent(s) 2021. He further submitted that members, who are involved as per provisions of bylaws during the period of 3rd of December, 2016 to 2nd of December, 2021 may be treated as a member of Society. He further submitted that while passing the impugned order, Deputy Registrar has denied the registration of memberships registered during the period of 2016 to 2021. He further submitted that Deputy Registrar has passed the order impugned without appreciating the facts and material submitted by the petitioners. 4. Sri Ashok Khare, learned Senior Counsel appearing on behalf of respondent no. 4 has submitted that Deputy Registrar has passed a detailed and reasoned order after taking into consideration the entire submissions and materials available on record in accordance with law and has held that there are memberships, which has been registered during the period of 2017 to 2021 has been discarded by the Deputy Registrar by passing an order and apart from that no material has been placed in support of the said list before the Deputy Registrar by the petitioners. 5. The Deputy Registrar has treated the list of 45 members of 2017-18 as a provisional list. It is submitted and prayed that Deputy Registrar may be directed to consider the objections of all the respective parties under Section 4 (B)(1) of the Act and pass any order without influencing the observations made in the impugned order. 6. At this juncture, Sri Ojha, learned counsel for the petitioners submitted and prayed that in fact 38 more members who are also registered members under the statutory provisions, may also be taken into consideration at the stage of adjudicating the memberships under Section 4(B)(1) of the Act by the Deputy Registrar without influencing the observations made in the impugned order. 7. In view of above facts and circumstances as well as after hearing learned counsel for the parties, I am of the view that Deputy Registrar, Firms, Societies and Chits Agra Region, Agra i.e. Respondent No. 2 is directed to decide the objections of both the sides treating the 45 members list as a provisional list along with list of 35 members of the Society as claimed by the petitioner and pass a fresh order in accordance with law without influencing the observations made in the impugned order, WRIC No. 33849 of 2025 2 expeditiously, preferably within a period of eight weeks. 8. Accordingly, the writ petition is disposed of. September 24, 2025 Vibha Singh WRIC No. 33849 of 2025 3 (Chandra Dhari Singh,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad