COMMITTEE OF MANAGEMENT, SRI SARSWATI SHIKSHA PRASAR SAMITI Vs. STATE OF U.P.
LAWS(ALL)-2013-2-259
HIGH COURT OF ALLAHABAD
Decided on February 21,2013

Committee of Management, Sri Sarswati Shiksha Prasar Samiti Appellant
VERSUS
State of U.P. and others Respondents

JUDGEMENT

Arun Tandon, J. - (1.) THESE two writ petitions pertain to the office bearers of a registered Society duly registered in the name and style of Sri. Saraswati Shiksha Prasar Samiti, Singh Nagar, Post Jhasi, District Farrukhabad which runs and manages Saraswati Shiksha Sadan, Junior High School. By means of Civil Misc. Writ Petition No. 1648 of 2013, the petitioner Jitendra Kumar Mishra in his official capacity as well as in his individual capacity has prayed for quashing of the order dated 17.12.2012 (Annexure -14 to the writ petition) passed by the Prescribed Authority in exercise of powers under Section 25(1) of the Societies Registration Act holding therein that the claim set up by the Jitendra Kumar Mishra in respect of election as Manager for the remaining term on 04.10.2009 was without any substance. He has approved the elections pleaded by Vijay Pal Singh (respondent No. 5) dated 30.09.2009 and has directed the list submitted by Vijay Pal Singh to be registered accordingly.
(2.) WRIT petition No. 7550 of 2013 has been filed by Vijay Pal Singh for a writ of mandamus for restraining the respondent No. 4 i.e. Jitendra Kumar Mishra from working as Manager of the institution. Both these petitions have been being clubbed together and are being decided by means of this common judgment and order. I have heard Shri. R.K. Ojha, Advocate on behalf of Jitendra Kumar Mishra and Shri. Yogesh Kumar Saxena, Advocate on behalf of the contesting party namely Vijay Pal Singh as well as Standing Counsel in both the petitions.
(3.) FROM the records of the present petitions, following facts emerge:;


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