COMMITTEE OF MANAGEMENT, DR. SONE LAL PATEL SHIKSHA SANSTHAN AND 3 OTHERS v. STATE OF U.P. AND 2 OTHERS
WRIC/13196/2025 · 2025-04-29
Saral Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 50560 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 50560 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:67369 Court No. - 32 Case :- WRIT - C No. - 13196 of 2025 Petitioner :- Committee Of Management, Dr. Sone Lal Patel Shiksha Sansthan And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Yogesh Kumar Saxena Counsel for Respondent :- C.S.C. Hon'ble Saral Srivastava,J.
1. Heard Sri Yogesh Kumar Saxena, learned counsel for the petitioners and learned Standing Counsel for the State- respondents.
2. The petitioners by means of the present writ petition have assailed the order dated 28.03.2025 passed by the respondent no.2- Deputy Registrar, Firms, Societies and Chits, Kanpur Region, Kanpur.
3. During the course of argument, Sri Y.K. Saxena, learned counsel for the petitioners submits petitioners have no objection if the election is held by the Deputy Registrar under Section 25(2) of the Societies Registration Act, 1860. He submits that the only grievance of the petitioners is that two members i.e. petitioner no.3-Satish Chandra Jain and petitioner no.4-Ved Prakash, who have been co-opted in the year 2016 by the Deputy Registrar and thereafter, list of office bearers of the Society was registered, cannot be excluded from the electoral college/general body.
4. He submits that before conducting the election, the Deputy Registrar may consider the objections raised by petitioner nos.3 & 4 excluding them from the electoral college as they have not been given any notice and opportunity of hearing.
5. In view of the objections raised by the learned counsel for the petitioners, this Court in the interest of justice deems it appropriate to issue a direction to the respondent no.2-Deputy Registrar, Firms, Societies and Chits, Kanpur Region, Kanpur to hold the election of the Society namely 'Dr. Sone Lal Patel Shiksha Sansthan, Kanpur' within a period of three months from the date of production of certified copy of this order.
6. The Deputy Registrar is further directed to consider the grievance of the petitioner nos.3 & 4 against their exclusion from the electoral college/general body of the Society namely, 'Dr. Sone Lal Patel Shiksha Sansthan, Kanpur' after hearing all the concerned parties.
7. The writ petition is disposed off subject to observations made above. Order Date :- 30.4.2025 Sattyarth Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad