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2025 DAILYLAW 9879 (UTT)

SUBHASHCHAND v. STATE OF UTTARAKHAND

SPA/204/2025 · 2025-08-14

Alok Mahra, G Narendar

body2025

Judgment text

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2025:UHC:7191-DB HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE MR. G. NARENDAR AND HON’BLE SRI JUSTICE ALOK MAHRA 14TH AUGUST, 2025 SPECIAL APPEAL NO. 204 OF 2025 Subhash Chand …...Appellant. Versus State of Uttarakhand & others …….Respondents. Counsel for the Appellant : Mr. Ajay Veer Pundir, learned counsel. Counsel for the State : Mr. J.S. Bisht, learned Standing Counsel. Counsel for Respondent No.6 : Mr. Parikshit Saini, learned counsel. JUDGMENT :(per Mr. G. Narendar, C.J.) Heard the learned counsel for the appellant, learned State Counsel and learned counsel for respondent no.6. 2. The issue is one of un-seating of a elected office bearer and holding of elections, which, according to the appellant’ counsel, is done surreptitiously and in that view, the writ petition has been preferred. 3. Learned Single Judge relying on the ruling of the Hon’ble Allahabad High Court in the case of Mani Mandir Sewa Nyas Samiti Mohalla Ramghat, Ayodhya & Another vs. Registrar Firms Societies and Chits U.P. & others, reported in 2014 SCC 1 2025:UHC:7191-DB OnLine ALL 18465, contends that this Court has been pleased to reject the prayer for interim relief. 4. In our opinion, the writ petition, itself, is not maintainable in view of the provisions of Sections 24 and 25 of the Societies Registration Act, 1860. 5. In that view, the instant special appeal, in our opinion, is misconceived, and the same is rejected. 6. There shall be no order as to costs. 7. As a sequel thereto, pending application, if any, shall stand closed. ________________ G. NARENDAR, C.J. _____________ ALOK MAHRA, J. Dt: 14th August, 2025 NISHANT 2 NISHANT KUMAR Digitally signed by NISHANT KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=ad3fcb5ca64340f5dd0a4c574afa0fd63133605ca57c dc00ec2b7462b452b326, postalCode=263001, st=UTTARAKHAND, serialNumber=7E81318F3B1BE7EAAC9370185F7C9C20892B C63A055CFD1961690560487E670C, cn=NISHANT KUMAR Date: 2025.08.19 18:00:04 +05'30'