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2025 DAILYLAW 14752 (ALL)

COMMITTEE OF MANAGEMENT MATA LEELAVATI SHRI KRISHNA VEDIC KANYA VIDYALAYA SHIKSHA SAMITI GRAM KHUSH v. STATE OF U.P. AND 3 OTHERS

WRIC/3303/2025 · 2025-02-05

Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:16299 Court No. - 32 Case :- WRIT - C No. - 3303 of 2025 Petitioner :- Committee Of Management Mata Leelavati Shri Krishna Vedic Kanya Vidyalaya Shiksha Samiti Gram Khushipura And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prabhakar Awasthi,Saurabh Tripathi Counsel for Respondent :- C.S.C. Hon'ble Saral Srivastava,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents. 2. The petitioner by means of the present writ petition has assailed the order dated 24.12.2024 passed by the respondent no.2-Deputy Registrar, Firms, Societies and Chits, Agra, by which he has recognized Smt. Nandni Vidaliya as Manager of the Society, namely, Mata Leelavati Shri Krishna Vedic Kanya Vidyalaya Shiksha Samiti Gram Kushipura, Post Office Ral, District Mathura (hereinafter referred to as the 'Society'). 3. Challenging the aforesaid order, learned counsel for the petitioner contends that earlier Sri Devendra Arya, who was father of petitioner no.2, was the Manager of the Society and he died on 19.07.2020, and thereafter the petitioner was co-opted as Manager of the Society. It is submitted that elected President of the Society namely, Dharam Pal died on 03.12.2020. It is submitted that thereafter the list of office bearers for the years 2021-22, 2022-23 and 2023-24 was submitted by playing fraud by one Rajeev Gulati showing himself to be the President of the Society. It is contended that the petitioner no.2 has been illegally removed from the post of Manager, and in his place Smt. Nandni Vidaliya has been appointed as Manager in view of the resolution of the General Body of the Society dated 23.03.2024 and Smt. Nandni Vidaliya has illegally handed over the charge of Manager to Rajeev Gulati who is not the member of the Society. 4. In such view of the fact, it is submitted that the charge of Manager of the Society has been given to a person, namely, Rajeev Gulati who is not even member of the Society, and therefore, the impugned order is not sustainable. It is further contended that the petitioner has submitted objection which has not been considered by the Deputy Registrar. 5. Be that as it may, according to the case of the petitioner, the earlier Manager of the Society was Devendra Arya who died on 19.07.2020, and in his place petitioner was co-opted as Manager. A specific query was put by the Court to the learned counsel for the petitioner whether his co-option has been recognized by the Assistant Registrar or not. Learned counsel for the petitioner could not place any document on record indicating that the petitioner no.2 has been recognized as Manager. 6. The record further reflects that the petitioner has filed the three lists of office bearers for the year 2021-22, 2022-23 and 2023-24, and in all the list Rajeev Gulati has been shown as President and petitioner no.2 has been shown as Manager of the Society. Though, the petitioner claims that after the death of Dharam Pal who was the President of the Society, nobody was appointed as President, but the list of office bearers for the year 2021-22, 2022-23 and 2023-24 appearing at pages-43-45 reflects that Rajeev Gulati was shown as President and petitioner no.2 as Manager of the Society. 7. This Court cannot rely upon the statement of petitioner made in paragraph-9 of the writ petition that nobody was co-opted after the death of the President, namely Dharam Pal, and the Society was being run without any President since 2021 to 2024. 8. By the impugned order, Smt. Nandni Vidaliya has been appointed as Manager of the Society, and learned counsel for he petitioner could not demonstrate from the record as to when Smt. Nandni Vidaliya has handed over the charge of Manager to Rajeev Gulati,respondent no.4. In such view of the fact, the contention of learned counsel for the petitioner that the charge of Manager has been handed over to Rajeev Gulati is misconceived and against the record. 9. Further, the list of office bearer of the Society for the year 2021- 22, 2022-23 and 2023-24 appearing at pages-43-45 reflects that Rajeev Gulati was shown as President, and in such view of the fact, it is hard to believe that Rajeev Gulati is not a member of the Society, more so when, the learned counsel for the petitioner is not able to inform the Court as to who was the President of the Society after the death of Dharam Pal. It is unbelievable that a Society continued to run for the year 2021-22, 2022-23 and 2023-24 without valid registration of the office bearers of the Society. 10. Thus, for the reasons given above, this Court is of the view that there is no illegality in the impugned order. Consequently, the writ petition lacks merit and is hereby dismissed with no order as to costs. Order Date :- 5.2.2025 NS Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad