Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 27603 (ALL)

COMMITTEE OF MANAGEMENT YUVAK LAGHU MADHYAMIK VIDYALAYA MAJHWALIA AND ANOTHER v. STATE OF UTTAR PRADESH AND 10 OTHERS

WRIC/7299/2025 · 2025-03-20

Saral Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:41715 Court No. - 32 Case :- WRIT - C No. - 7299 of 2025 Petitioner :- Committee Of Management Yuvak Laghu Madhyamik Vidyalaya Majhwalia And Another Respondent :- State Of Uttar Pradesh And 10 Others Counsel for Petitioner :- Abhishek Misra,Arun Kumar Counsel for Respondent :- C.S.C.,Matiur Rehman Khan Hon'ble Saral Srivastava,J. 1. Heard Sri Arun Kumar, learned counsel for the petitioner and learned counsel for the respondents. 2. The petitioner by means of the present writ petition has assailed the order dated 13.02.2025 passed by the respondent no.2- Assistant Registrar, Firms, Societies and Chits, Gorakhpur. 3. The contention advanced by the learned counsel for the petitioner is that impugned order amounts to review of his earlier order passed by the Assistant Registrar whereby he has registered the list of office bearers of the Committee of Management of the Society. It is contended that there is no power of review with the Assistant Registrar and as such, the order impugned passed by the Assistant Registrar is not sustainable in law. 4. It is further contended that if there is dispute with regard to election of office bearers of the Society, the Assistant Registrar ought to have referred the matter to the Prescribed Authority, therefore, impugned order is without jurisdiction. 5. Learned counsel for the respondents does not dispute the aforesaid proposition of law raised by the learned counsel for the petitioner. However, he submits that since election of petitioner's Committee of Management was held in the year 2020 and term of the petitioner's Committee of Management has expired, therefore, in such view of the fact, a direction be issued to the Assistant Registrar to hold the election under Section 25(2) of the Societies Registration Act, 1860 (hereinafter referred to as 'Act, 1860'). 6. Be that as it may, since learned counsel for the respondents does not dispute the question of law advanced by the learned counsel for the petitioner, therefore, impugned order cannot be sustained in law. 7. So far as the prayer of learned counsel for the respondents for issuance of direction to the Assistant Registrar to conduct the election under Section 25(2) of the Act, 1860 is concerned, Sri Arun Kumar, learned counsel for the petitioner states that he has no objection and he agrees that a direction be issued to the Assistant Registrar to hold the election under Section 25(2) of the Act, 1860 in accordance with law and in accordance with bye-laws of the Society. 8. In view of the aforesaid submission advanced by the parties, this Court directs the Assistant Registrar, Firms, Societies and Chits, Gorakhpur to invoke power under Section 25(2) of the Act, 1860 and hold the election of the Society namely 'Yuvak Laghu Madhyamik Vidyalaya, Majhwalia No.1 Post-Majhwalia, District Deoria' within a period of two months from the date of production of certified copy of this order strictly in accordance with law and as per the bye-laws of the Society. 9. The writ petition is disposed off with no order as to costs. Order Date :- 21.3.2025 Sattyarth Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad