MADARSA CHASHMA-A-FAIZ ADRI AND OTHERS Vs. STATE OF U P
LAWS(ALL)-2012-8-325
HIGH COURT OF ALLAHABAD
Decided on August 28,2012

Madarsa Chashma-A-Faiz Adri And Others Appellant
VERSUS
STATE OF U P Respondents

JUDGEMENT

- (1.) Heard Sri S.P. Pandey, learned counsel for the petitioners, Sri D.P. Mishra for the Respondent No.4 and the learned Standing Counsel for the Respondent Nos. 1,2 and 3.
(2.) The matter has been heard at length and the learned counsel for the parties State that the matter can be disposed of finally at this stage in view of the submissions raised without waiting for any counter affidavit. Accordingly, with the consent of the parties, the petition is being disposed of finally.
(3.) The challenge in this petition is to the order of the Assistant Registrar, Firms Societies & Chits, Azamgarh dated 8th August, 2012 whereby the Assistant Registrar in relation to the exercise of enrollment of members of General Body of the Society has held that the meeting dated 12.11.2011, in which the alleged enrollment has been made, was an invalid meeting as the quorum of the meeting was not complete. It has also been held that the enrollment has not been made in accordance with the bye-laws. The Assistant Registrar has further opined that the notice for the said meeting where the members of the general body were to be enrolled had not been published in any newspaper nor the notices were sent through registered post and, therefore, the claim set up by the petitioners deserves to be rejected. He further found that the elections as claimed by the petitioners after enrollment of members cannot be accepted and he has directed that fresh elections should be held invoking the provisions of Sub-section 2 of Section 25 of the Societies Registration Act, 1860.;


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