JUDGEMENT
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(1.) We are in respectful
agreement with the reasoning given and the
order passed by Hon'ble Mr. Justice Rakesh
Tiwari, in his Lordship's order dated 20-5-2003.
In the writ petition filed on behalf of
the appellant, who, in reality is Mantri, Vijai
Bahadur Yadava discribing himself the
Manager of the Committee of Management of
Rashtriya Junior High School (Society),
Babhaniyaon, challenged the order passed
by the Assistant Registrar on 25-5-2005,
whereby he recalled the earlier grant of
renewal of the certificate of the Society made
by him on 24-3-1999. The disputes arose
before him since the group of Birendra
Kumar Shukla and other raised the point
that Yadava was not entitled to obtain the
renewal of the grant on behalf of the Soceity,
as he was not an office bearer and in hopeless minority.
(2.) The learned Assistant Registrar's finding is on record and from one portion (see
page 83 of the paper book before us), it may
be seen that all founder members of the
Soceity, namely; Laxmi Narayan Shukla,
Shitla Prasad Yadava, Suresh Kumar Yadava
and Raghuraj Singh were placing confidence
and reliance upon Birendra Kumar Shukla,
and the appellant, Yadava although a
founder member was alone in his own camp.
(3.) There is also a finding that no original
document could be produced for
substantiating before the Registrar any election which
gives the managerial post to Yadava, and
consequential finding was that the case of
the appellant appeared to be fictitious and,
therefore, in the interest of justice the
renewal granted to him should be withdrawn.;
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