SATYAVEER SINGH AND ORS. Vs. STATE OF U.P. AND ORS.
LAWS(ALL)-2015-6-49
HIGH COURT OF ALLAHABAD (AT: LUCKNOW)
Decided on June 17,2015

Satyaveer Singh And Ors. Appellant
VERSUS
State of U.P. and Ors. Respondents

JUDGEMENT

- (1.) Heard Sri I. P. Singh, learned counsel for the petitioner as well as Sri M. B. Singh learned counsel for opposite party no. 4 and Standing Counsel for other opposite parties.
(2.) The petitioner herein claim themselves to be members of the general body of the society relating to the college in question. By means of this writ petition they have challenged the order dated 25.05.2015 passed by the Deputy Registrar Firms, Societies and Chits, Faizabad declaring the final list of members of the general body in pursuance to his earlier order dated 26.03.2015 by which the Committee of Management of the society was declared time barred under Section 25 (2) of the Societies Registration Act, 1860 with effect from 10.08.2006 and all proceedings of the society thereafter were declared to be null and void and a tentative list of members of the general body was notified.
(3.) The tenure of the committee of management of the society in question is one year and this fact is not in dispute. A copy of the order dated 26.03.2015 has been placed by Sri M. B. Singh before the Court which has not been annexed with the writ petition. The said order reveals a categorical finding having been recorded therein that the last election of the committee of management of the society was held in the year 2005. The tenure being of one year no election having been held thereafter, the committee of management of the society became time barred under Section 25 (2) of the Act 1860 with effect from 10.08.2006. Thereafter election proceedings relating to the alleged election of 10.08.2013 were submitted. However, as the committee of management had already become time barred on 10.08.2006, therefore, all proceedings done thereafter, including the alleged election set up by Sri Dhirendra Kumar Singh in 2013 were void ab initio. Based on the aforesaid finding the Deputy Registrar notified the tentative list of members of general body based on the list of 23 members of the general body who were members upto 2006.;


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