COMMITTEE OF MANAGEMENAT, LALLU SINGH ADARSH JANTA VIDDYALAYA Vs. STATE OF U P
LAWS(ALL)-2013-12-103
HIGH COURT OF ALLAHABAD
Decided on December 06,2013

Committee Of Managemenat, Lallu Singh Adarsh Janta Viddyalaya Appellant
VERSUS
STATE OF U P Respondents

JUDGEMENT

- (1.) The Committee of Management of Lallu Singh Adarsh Janta Viddyalaya Kurawali, Mainpuri and Preetam Singh Verma, claiming himself to be the Manager, have filed this petition for quashing the order dated 12th July, 2013 passed by the Assistant Registrar, Firms, Societies and Chits, Jhansi (hereinafter referred to as the 'Assistant Registrar') by which the election held on 10th December, 2009 for constituting the Committee of Management of the Society in which petitioner No.2-Preetam Singh Verma was elected as the Manager has not been approved and a direction has been issued to the Committee elected in the year 1987 to hold fresh election for constituting the Committee of Management of the Society within a period of one month in accordance with the Bye-laws of the Society.
(2.) Lallu Singh Adarsh Janta Viddyalaya Kurawali, Mainpuri is a Society registered under the provisions of the Societies Registration Act, 1860 (hereinafter referred to as the 'Act'). It is stated that this Society was registered on 31st March, 1987 and its registration has been renewed from time to time. The petitioners claim that the election for constituting the Committee of Management of the Society was held on 10th December, 2009 from amongst 31 valid members of the General Body, while respondent No.5-Madan Lal Verma claims that the election was held on 13th December, 2009 from amongst 205 valid members of the General Body.
(3.) The Deputy Registrar, Firms Societies and Chits, Agra (hereinafter referred to as the 'Deputy Registrar') had earlier accepted the claim of the petitioners regarding the election held on 10th December, 2009 and rejected the claim of respondent No.5-Madan Lal Verma regarding the election held on 13th December, 2009 by the order dated 21st January, 2012 and, accordingly, a direction was issued for registration of the list of office bearers of the Society under Section 4 of the Act. This order dated 21st January, 2012 passed by the Deputy Registrar was assailed by the Committee of Management with Madan Lal Verma as the Manager in Writ Petition No.5638 of 2012 in which an interim order was passed on 21st February, 2012 but it was left open to Madan Lal Verma to raise objections before the Assistant Registrar with regard to the validity of the election held on 10th December, 2009 in which Preetam Singh Verma was elected as the Manager and the Assistant Registrar was directed to dispose of the same by a speaking order after giving opportunity of hearing to the concerned parties.;


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