C/M KARARI SCHOOL ASSOCIATION Vs. STATE OF U.P.
LAWS(ALL)-2018-2-39
HIGH COURT OF ALLAHABAD
Decided on February 21,2018

C/M Karari School Association Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

SANGEETA CHANDRA,J. - (1.) Writ Petition No. 2591 of 2014 has been filed by the petitioners, Committee of Management, Karari School Association, Karari, Kaushambi and its Secretary, Abhishek Tiwari against the State-respondents and respondent No. 4, the rival Committee of Management through its Secretary, Santosh Kumar Jaiswal. The petitioners pray for quashing of the impugned order dated 24.12.2013 passed by the Prescribed Authority/Sub Divisional Magistrate, Manjhanpur, district Kaushambi and for issuance of mandamus commanding the Assistant Registrar, Firms, Societies and Chits, respondent No. 2 to permit the petitioners to discharge day to day functioning of the Institution after validating the election dated 24.07.2012, wherein Abhishek Tiwari was elected as Secretary.
(2.) Writ Petition No. 61488 of 2014 has been filed by the Committee of Management of Karari School Association through its Manager Kamta Nath Mehrotra. Petitioner Nos. 2, 3 and 4 respectively are Kamta Nath Mehrotra, alleged Manager, Deepak Kumar Mehrotra alleged Vice President and Ankur Mehrotra, allegedly elected member of Karari School Association, Karari, district Kaushambi. The petitioners have filed this writ petition challenging the order/letter dated 28.10.2014 issued by the Assistant Registrar, Firms Societies and Chits, Allahabad as also the list of 51 members, which has been dispatched by the said letter by the Assistant Registrar. A further writ in the nature of mandamus has been prayed for commanding the District Inspector of Schools, Kaushambi not to hold any election of the Committee of Management of the Institution on the basis of Electoral College of 51 members as sent by the Assistant Registrar by the impugned letter dated 28.10.2014.
(3.) The petitioners have filed the aforesaid writ petition on the ground that in District Kaushambi, there is a Society named Karari School Association, Karari, Kaushambi, which is registered under the Society Registration Act , 1860. The Society is managing an Intermediate College called Karari Intermediate College, Karari, Kaushambi. The last valid election of the Committee of Management of the Society was held on 01.07.2007, wherein Mazhar Abbas was elected as President, Kamta Nath Mehrotra was elected as Manager and Santosh Kumar Jaiswal was elected as Secretary, besides other office bearers, the total being twelve office bearers.;


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