COMMITTEE OF MANAGEMENT SRI SWAMI VIVEKANAND MADHYAMIK VIDYALAYA AND ORS. Vs. STATE OF U.P. AND ORS.
LAWS(ALL)-2015-7-280
HIGH COURT OF ALLAHABAD
Decided on July 28,2015

Committee Of Management Sri Swami Vivekanand Madhyamik Vidyalaya And Ors. Appellant
VERSUS
State of U.P. and Ors. Respondents

JUDGEMENT

- (1.) Heard Sri G.K. Singh, Senior Advocate assisted by Sri V.K. Singh, learned counsel for the petitioners; Sri Pankaj Rai, learned Additional Chief Standing Counsel for the respondent Nos. 1 and 2 and Sri Neeraj Tripathi, learned counsel for the respondent No. 3.
(2.) By means of this writ petition, the petitioners have prayed for quashing the impugned order dated 10.6.2015 passed by the Deputy Registrar, Firms, Societies and Chits, Kanpur.
(3.) Brief facts giving rise to the present case are that there is a Society known as "Sri Swami Vivekanand Madhyamik Vidyalaya Sahar, District Auraiya" (hereinafter referred to as the Society). The Society was registered on 30.7.1969 under the Societies Registration Act, 1860 (in short the Act), renewed from time to time. The affairs of the Society are governed by its bye-laws. According to bye-laws of the Society, as amended upto date, there are two categories of members i.e. founder members and ordinary members. The name of five founder members are mentioned in the bye-laws. The bye-laws further provides that in case a vacancy occurs in respect of the founder member, it shall be filled up by nomination by the remaining founder members. With regard to the ordinary members, the bye-laws provide that any person, who intends to become a member, has to deposit Rs.10/- annually and in case he deposits Rs.36/- in one instalment, he would become member for three years. The interested person has to move an application before the founder members and the founder members in a meeting to be held for that purpose may accept the said person as a member.;


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