COMMITTEE OF MANAGEMENT JANTA EDUCATIONAL SOCIETY AND 9 OTHERS v. STATE OF U.P. AND 3 OTHERS
WRIC/27058/2025 · 2025-08-19
Mayur Jain Jt Registrar J Listing
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DailyLaw.ai
[ 2025 DAILYLAW 85169 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 85169 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:142289 Court No. - 32 Case :- WRIT - C No. - 27058 of 2025 Petitioner :- Committee Of Management Janta Educational Society And 9 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sankalp Narain,Srivats Narain Counsel for Respondent :- C.S.C.,Mahesh Sharma Hon'ble Chandra Dhari Singh,J.
1. Heard Sri G. K. Singh, learned Senior Advocate assisted by Sri Sankalp Narain, learned counsel for the petitioners, Sri Jitendra Singh, learned Standing Counsel appearing on behalf of State- Respondents, Sri Rakesh Pandey, learned Senior Advocate assisted by Sri Mahesh Sharma, learned counsel appearing on behalf of respondent no.4. 2. The instant writ petition has been filed seeking the following main prayer :-
"i. to issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 13.6.2025 passed by the Dy. Registrar Firms, Societies & Chits, Meerut (Annexure-1 to the writ petition). ii. to issue a writ, order or direction in the nature of certiorari quashing the consequential illegal election of the society, which was conducted on 20.7.2025 wherein Shri Pravesh Chandra Chaturvedi, Son of late Shambhu Nath Chaturvedi, respondent no. 4, was elected as the Manager/ Secretary of the society (Annexure-2 to the writ petition). (iii) to issue a writ, order or direction in the nature of mandamus restraining the respondent no. 4 from functioning as Manager-cum-Secretary of the society in question."
3. After arguing at length on the merits of the case, learned Senior Advocate appearing on behalf of petitioners submits that the petitioners may be given liberty to approach the prescribed authority challenging the election disputes and also the prescribed authority be directed to decide the said dispute raised by the petitioners, expeditiously. 4. Learned Senior Advocate appearing on behalf of respondent no.4 has opposed the instant prayer made in the writ petition. But he has not objected the prayer as made by learned Senior Counsel
appearing on behalf of petitioners during the argument for granting liberty to approach the prescribed authority to adjudicate the entire election dispute between the parties after giving opportunity of hearing to the affected parties within a time bound manner. 5.
In view of above, this Court is of the opinion that the aforesaid prayer made by learned Senior Advocate appearing on behalf of petitioners be allowed and the matter is remitted back to the prescribed authority to decide the dispute between the parties. However, the petitioners are directed to approach the prescribed authority by way of filing reference/application within a period of two weeks from today and the prescribed authority is directed to decide the reference/application after giving opportunity of hearing to all the affected parties and considering the materials on record, expeditiously, preferably within a period of three months from the date of filing of reference/application. 6. With the above observation, the writ petition is disposed of. Order Date :- 20.8.2025 AKT (Chandra Dhari Singh, J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad