NAVYUG KANYA VIDHYALAYA SOCIETY THRU. JOINT SECY./JOINT MANAGER AMIT DAYAL AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF INSTITUTIONAL FINANCE LKO. AND 2 OTHERS
WRIC/6287/2025 · 2025-07-07
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 149128 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149128 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:38204 Court No. - 7 Case :- WRIT - C No. - 6287 of 2025 Petitioner :- Navyug Kanya Vidhyalaya Society Thru. Joint Secy./Joint Manager Amit Dayal And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Institutional Finance Lko. And 2 Others Counsel for Petitioner :- Apoorva Tewari,Vivek Kumar Counsel for Respondent :- C.S.C.,Atul Dwivedi Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the petitioners and Shri Atul Dwivedi, who appears for respondent No.3.
2. The contention of learned counsel for the petitioner is that by means of a common agenda, three elections were proposed. First with regard the Society, second with regard to the Post Graduate College and third with regard to the Intermediate College as is evident from page No.105 of the paper book.
3. It is argued that in terms of the said agenda, elections were actually held and the same was submitted for approval before respondent No.2. However, respondent No.2 has observed that the election in question was in respect of the college in question and not with regard to the society.
4. Learned counsel for the petitioner contends that the said
order on the face of it is erroneous inasmuch as in the same
order, the actual facts with regard to the election of the society have been recorded and thus, a finding to the contrary as recorded on page No.38 is ex facie erroneous. He argues that on the basis of the elections held within the three years as prescribed, there was no material to come to a conclusion that the elections have not been held within the time as prescribed and thus, provisions of Section 25(2) of the Society Registration Act, 1860 was not available as has been done by means of the impugned order.
5. After hearing the parties, ex facie, the order impugned appears to be full of contradiction. On one hand, the facts with regard to the elections held for all the three bodies have been taken into account, on the other hand it has been observed that the election was in respect of the college and not in respect of the society, prima facie cannot be sustained. As such, for the said simple reason, the order dated 13.06.2025 is set aside.
6. The matter is remanded to respondent No.2 to pass fresh
order after taking into account the materials that were adduced by the petitioner with regard to the election of the society held by them and shall pass fresh order after considering the said material produced within a period of six weeks from today in accordance with law. The respondents shall also be heard prior to passing of the order.
7. The petition is disposed of in terms of above.
Order Date :- 7.7.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench