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2025 DAILYLAW 56785 (ALL)

MASI ULLAH v. STATE OF U.P. AND 2 OTHERS

SPLAD/338/2025 · 2025-07-16

Arun Bhansali, Kshitij Shailendra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:115657-DB Chief Justice's Court Case :- SPECIAL APPEAL DEFECTIVE No. - 338 of 2025 Appellant :- Masi Ullah Respondent :- State of U.P. and 2 others Counsel for Appellant :- Man Bahadur Singh, Kirti Chaurasia Counsel for Respondent :- C.S.C., Pratikdhar Dwivedi, Jagdish Pathak (S.C.) Hon'ble Arun Bhansali, Chief Justice Hon'ble Kshitij Shailendra, J. 1. This appeal is directed against order dated 17.03.2025 passed by learned Single Judge in Writ-C No. 35585 of 2019. 2. The writ petition was filed seeking to question the validity of order dated 05.10.2019 passed by respondent no.2 - Assistant Registrar, Firms, Societies and Chits, Saharanpur. By the said order dated 05.10.2019, the Assistant Registrar had accepted the election of respondent no.3. 3. The writ Court, in its order, noticed that the elections were of the year 2018 and the term of the Committee of Management elected in the year 2018 has expired. 4. Further submissions were noted on behalf of counsel for the petitioner-appellant that till date i.e. on the date of passing of the order dated 17.03.2025, no fresh steps have been taken for election by any of the parties, which submission was supported by counsel appearing for the respondents therein and that the elections have not taken place after the expiry of the term of the last election held in the year 2018 based on which, the learned Single Judge directed the Assistant Registrar to hold the elections of the Society under Section 25(2) of the Societies Registration Act, 1860. 5. The appeal has been filed with a delay, with the submissions that before the learned Single Judge, factually incorrect submissions were made inasmuch as the Assistant Registrar has, by his order dated 10.06.2025, recognized the elections purportedly held by the respondents in the year 2023. It is submitted that the order impugned was passed based on incorrect statements made before the learned Single Judge and therefore, the same deserves to be set aside. 6. We have considered the submissions made by learned counsel for the parties and have perused the material available on record. 7. It is not in dispute that both the parties made submissions before the learned Single Judge pertaining to the status of elections based on which the order impugned was passed. If the case is that the submissions made before the learned Single Judge were factually incorrect, the same cannot give cause to the appellant to question the validity of the said order, the remedy open is to approach the learned Single Judge by filing a review petition in case the appellant has any grievance. 8. In view thereof, we do not find any reason to entertain the present special appeal, the same is therefore, dismissed. Order Date :- 17.7.2025 AHA/AKShukla (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- AFZAL HUSAIN ABBASI High Court of Judicature at Allahabad