MD HUSAIN AHMAD SARDARI Vs. TAYYAIB MUSLIM WELFARE SOCIETY
LAWS(APH)-2014-3-102
HIGH COURT OF ANDHRA PRADESH
Decided on March 13,2014

Md Husain Ahmad Sardari Appellant
VERSUS
Tayyaib Muslim Welfare Society Respondents

JUDGEMENT

- (1.) THIS Review Petition is filed seeking review of order, dated 18.06.2013, in Writ Petition No.40072 of 2012.
(2.) FOR convenience, the parties are referred to as they are arrayed in the Review Petition. The petitioner is a third party to Writ Petition No.40072 of 2012. Respondents 1 and 2 filed the said Writ Petition for a Mandamus to declare the inaction of respondent No.4 in registering the newly elected Managing Committee of respondent No.1 -society, as illegal, contrary to the provisions of Andhra Pradesh Societies Registration Act, 2001 (for short 'the Act ') and in violation of the fundamental rights guaranteed to them under Articles 14, 19 and 21 of the Constitution of India. Respondents 1 and 2 also sought for a consequential direction to respondent No.4 to register the list of the Managing Committee of respondent No.1 -society.
(3.) IT was pleaded in the affidavit, filed in support of the said Writ Petition, that respondent No.1 -society was a body registered on 09.05.1989 under the provisions of the Act with registration No.83 of 1989. It was averred that respondent No.1 -society was constituted with the objects of imparting oriental, general, professional, technical and vocational education and to spread religious, social, cultural, economic and scientific knowledge; that it obtained permission from the Government of Andhra Pradesh to start Polytechnic College under the name and style of ''Tayyib Muslim Polytechnic College '' (respondent No.2) in the year 1994 and that the same is running without any complaint. It was further averred that as per the constitution of the bye -laws of the society, the Governing Body consists of President, Vice -President, Secretary, Joint -Secretary, Treasurer and 13 Executive Committee Members; that as per the said bye -laws, the General Body shall elect the office bearers and accordingly, the election for new office bearers and Executive Committee Members was held on 12.07.2012; that in the said election, one S.Khader Bhasha, the deponent of the affidavit, filed in support of the Writ Petition, was elected as the Secretary for the period from 12.07.2012 to 11.07.2013; that under Section 9 of the Act, respondent No.1 has intimated the same to respondent No.4 through letter, dated 16.07.2012; that on 19.07.2012, respondent No.1 -society submitted a list of its Managing Committee to respondent No.4 for registration; and that respondent No.4 has received the said list on the same day.;


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