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2025 DAILYLAW 90295 (ALL)

THE UTTAR PRADESH TAX BAR ASSOCIATION AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

WRIC/30961/2025 · 2025-09-07

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30961 of 2025 Court No. - 32 HON'BLE CHANDRA DHARI SINGH, J. 1. The instant writ petition has been filed seeking the following main prayer:- "a. Issue a writ, order or direction in the nature of certiorari to call for the record and set aside the order dated 22.05.2025 (Annexure No. 1) passed by Respondent No.2 Assistant Registrar, Varanasi." 2. Sri Prabhakar Awasthi, learned counsel appearing on behalf of the petitioners submitted that the impugned order passed by the Assistant Registrar, respondent no.2 is without jurisdiction and contrary to the law. It is also submitted that the Assistant Registrar has no power to set aside the election while deciding the objections, only the Prescribed Authority has power under Section 25 (1) of the Societies Registration Act. 3. Learned counsel appearing on behalf of the petitioners further submitted that the order impugned is without jurisdiction, arbitrary, contrary to law, therefore, deserves to be set aside. 4. At this stage, Sri Vikrant Pandey, Advocate holding brief of Sri Markanday Singh, learned counsel appearing on behalf of respondent no.3 submitted and prayed that while setting aside the impugned order, to direct the Assistant Registrar to refer the matter to the Prescribed Authority under Section 25(1) of Societies Registration Act. 5. Heard Sri Prabhakar Awasthi, learned counsel appearing on behalf of the petitioners, Sri S.K. Mishra, learned Standing Counsel appeared on advance Versus Counsel for Petitioner(s) : Ashish Kumar Singh, Rishi Raj Kapoor Counsel for Respondent(s) : C.S.C., Markanday Singh The Uttar Pradesh Tax Bar Association And Another .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) accepted notice on behalf of the State-respondents, Sri Vikrant Pandey, Advocate holding brief of Sri Markanday Singh, learned counsel appearing on behalf of respondent no.3, perused the contents made in the writ petition and the documents on record. 6. Taking into consideration the submissions made by learned counsel appearing on behalf of both the parties, I am of the view that the impugned order passed by the Assistant Registrar, Firms Societies & Chits, Varanasi, respondent no.2 is without jurisdiction and accordingly set aside the same. 7. The Assistant Registrar, Firms Societies & Chits, Varanasi, respondent no.2 is directed that after hearing both the parties, decide the matter within four weeks and refer the matter to the Prescribed Authority, under Section 25(1) of the Societies Registration Act, if required. 8. With the aforesaid directions/observations, the present writ petition is disposed of. September 8, 2025 Atul WRIC No. 30961 of 2025 2 (Chandra Dhari Singh,J.) Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad