BABA MOHAN DAS UCHCHATAR MAD-HYAMIK VIDYALAYA SAMI Vs. STATE OF U P AND OTHERS
LAWS(ALL)-2018-7-310
HIGH COURT OF ALLAHABAD
Decided on July 30,2018

Baba Mohan Das Uchchatar Mad-Hyamik Vidyalaya Sami Appellant
VERSUS
State Of U P And Others Respondents

JUDGEMENT

- (1.) Heard Sri. R. K. Ojha, learned Senior Counsel in support of the appeal assisted by Sri. B.D. Pandey, Sri. P.N. Saxena, learned Senior Counsel assisted by Sri. A.K. Dwivedi for the respondent No. 3 as well as Sri. Arun Kumar, learned counsel appearing for the respondent Nos. 4 to 21. Order on Civil Misc. Application (Leave to Appeal) No. 2 of 2018:
(2.) Application is allowed. Leave to appeal is granted. Order on Appeal:
(3.) This appeal has been preferred by the original respondents 4 to 21 who have been joined by the Committee of Management of Sri. Baba Mohan Das Uchchatar Madhyamik Vidyalaya Samiti ("the society"). The appeal assails the correctness of a judgment rendered by the learned single Judge on 18 July, 2018 allowing the writ petition preferred by the respondents 4 to 21 herein. The learned single Judge while allowing the writ petition has set aside the order dated 1 March, 2011, in terms of which the electoral college of the society came to be determined by the Assistant Registrar, Societies. While allowing the writ petition, the learned single Judge further provided that the Assistant Registrar would consequent to the matter being remanded consider the enrolments made after 1980 till 15th/16th October, 1985 and that any enrolment made thereafter would not be liable to be viewed as valid. It was with the aforesaid operative directions that the matter was remitted to the Assistant Registrar for redrawing the electoral college of the society in question.;


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