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2025 DAILYLAW 173836 (ALL)

SRI SRIRAM SINGH v. REGISTRAR FIRMS AND SOCIETIES AND CHIT FUNDS LKO. AND 2 OTHERS

/11115/2025 · 2025-11-19

Ram Manohar Narayan Mishra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11115 of 2025 Court No. - 19 HON'BLE RAM MANOHAR NARAYAN MISHRA, J. 1. Heard learned counsel for the petitioner, as well as learned Standing Counsel on behalf of respondents no. 1 and 2 and perused the record. 2. By means of the instant petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:- (i) Issue a writ, order or direction in the nature of mandamus directing the opposite party number 2 to decide the objection dated 29/10/2025. (ii) Issue a writ, order or direction in the nature of mandamus directing the opposite party number 2 to decide the objection dated 08/10/2025. 3. Learned counsel for the petitioner submits that the deponent is the elected General Secretary of the Eldeco City Residents Welfare Society (ECRWS) in the election conducted in the year 2024. He is well-versed with the facts and circumstances of the case. He next submitted that the Eldeco City Residents Welfare Society has been duly registered under the Versus Counsel for Petitioner(s) : Shailendra Singh Counsel for Respondent(s) : C.S.C. Sri Sriram Singh .....Petitioner(s) Registrar Firms And Societies And Chit Funds Lko. And 2 Others .....Respondent(s) Societies Registration Act, 1860, on 03/12/2025. The bye-laws of the society were also drafted. He further submits that the previous election for the society was conducted on 28/10/2024. The present committee has performed an audit of the accounts of the previous committee members and has forwarded the same to the present elected President of the committee and has asked for his clarification, but the present President did not pay any heed to explanations sought by the previous committee members. He further submitted that the present General Secretary of the committee has called for a meeting on 21/09/2025 and decided on the said date that the date of the annual general body meeting will be decided on 26/09/2025 as per the bye-laws, to announce the date for the elections. The president, opposite party number 3, of the committee, has illegally and arbitrarily called for an annual general body meeting on 28/09/2025 and passed a resolution. The number of resident claimed to be present were 116. The total numbers of members of ECRWS is 693, against the mandated 2/3 of the members of the society as per the bye-laws of the society. The petitioner has filed an objection before the Deputy Registrar, Firm Societies and Chit Funds, Uttar Pradesh, 3rd floor, Vikas Deep, 22, Station Road, Lucknow, on 8/10/2025. No resolution dated 28/9/2025 was filed before the Registrar of Societies, Lucknow. 4. He next submitted that the election conducted in pursuance of resolution 28/09/2025, was absolutely arbitrary and illegal. The election committee issued voter list on 02/10/2025, just one day before the day of voting. Whereas the previous election of the society was conducted on 28/10/2024 as per bye-laws of the society. 5. Considering the submissions of learned counsel for the parties and the WRIC No. 11115 of 2025 2 grounds taken in the present writ petition and the facts mentioned herein as well as documents annexed with the affidavit, I am of the considered opinion and keeping in view the limited prayer made, the same deserves to be disposed of in terms of prayer made in the petition. 6. The respondent no.2, Deputy Registrar, Firms Societies and Chit Funds, Lucknow Division, is directed to decide the objection dated 08/10/25 and 29/10/25 filed by the petitioner within two months from the date a certified copy of this order is produced before him. 7. The writ petition is disposed of with above direction. November 19, 2025 KR WRIC No. 11115 of 2025 3 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench