C/M GAUTAM BUDHA SEWA SANSTHAN, SULTANPUR THRU. MANAGER RAM LAUT MAURYA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. FINANCE, LKO. AND OTHERS
WRIC/1024/2025 · 2025-02-10
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 121043 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121043 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:8298 Court No. - 19 Case :- WRIT - C No. - 1024 of 2025 Petitioner :- C/M Gautam Budha Sewa Sansthan, Sultanpur Thru. Manager Ram Laut Maurya And Another Respondent :- State Of U.P. Thru. Prin. Secy. Finance, Lko. And Others Counsel for Petitioner :- Krishna Madhav Shukla,Rajesh Kumar Dubey Counsel for Respondent :- C.S.C.,Dileep Kumar Mishra Hon'ble Manish Mathur,J.
1. Heard learned counsel for petitioners, learned State Counsel for opposite parties 1 to 3 and Mr. Dileep Kumar Mishra,
learned counsel for opposite party no.4. In view of order being passed, notices to opposite party no.5 stand dispensed with.
2. Petition has been filed challenging order dated 20.01.2025 whereby Governing Body of the Society in question, viz. Gautam Budha Sewa Sansthan, Village Ranipur, P.O. Kadipur, District Sultanpur has been held to be time barred with direction being issued for steps for holding of fresh elections.
3. Supplementary affidavit filed today is taken on record.
4. Learned counsel for opposite party no.4 at the very outset has raised a preliminary objections regarding locus of petitioner to maintain the petition in view of fact that admittedly the last elections to the Governing Body were held in year 2018 in which petitioner was elected Manager but the term of the Governing Body has ended in year 2023 with no fresh elections having taken place and therefore the petition is not maintainable by the petitioner or that he continues to be Manager of Governing Body of the Society.
5. Learned counsel for petitioner, however, submits that Governing Body would continue till fresh elections and the
order impugned has been passed under Section 12D of the
Societies Registration Act, 1860[hereinafter referred to as the Act of 1860] but admits that the said order is appealable.
6. Upon consideration of submissions advanced, liberty is granted to petitioner to file appeal against impugned order dated 20.01.2025 under the provisions under which he claims Appeal to be maintainable.
7. Upon such an Application being filed, concerned authority shall consider and decide the aspects after affording opportunity of hearing to all concerned and pass appropriate orders also with regard to maintainability of Appeal or Application as the case may be expeditiously within a period of six weeks from the date of institution of such Appeal, in case there is no other legal impediment.
8. In terms of aforesaid, the petition is finally disposed of.
Order Date :- 10.2.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench