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PURUSHAINDRA KUMAR KAURAV
Saravana Kodandapani S/o Kodandapani – Appellant
Versus
All India Ophthalmological Society Represented Through Its President – Respondent
JUDGMENT
Purushaindra Kumar Kaurav, J. (Oral)--The petitioners, vide the instant petition under Article 226 of the Constitution of India pray for the following reliefs:
"a. Issue a Writ of Mandamus or any other appropriate writ, direction or order in the nature of a Writ, declaring the effect of the word `WILL. found in the Article VIII of the bylaws of the society which mandated the linking of the contestants for the offices of Honorary General Secretary/Treasurer as ultra vires the Memorandum and Rules and Regulations of AIOS particularly Rule-16(B) and/or;
b. Issue a Writ of Mandamus or any other appropriate writ, direction or order in the nature of a Writ quashing the Notification dated 11th November, 2022, the subsequent finalized list of contestants dated 11th January, 2023 and the Notification dated 15th March,2023 announcing the dates of polling for the General Elections 2023 issued by the Respondents as illegal, arbitrary and ultra-vires the Rule-16(B) and other provisions of the constitution of Respondent AIOS and/or the objects of the Respondent Society AIOS and/or the Article-14, 19 of the Constitution of India and/or;
c. Issue a Writ of Mandamus or any other appropriate wr
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A dispute arising among the members of a society registered under the A.P. Societies Registration Act, 2001, relating to the affairs of the society, is to be resolved through the mechanism provided u....
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The court reaffirmed that under the amended provisions of the Societies Registration Act, 1860, management of societies must be elected rather than merely nominated, underscoring the importance of de....
The classification of a cooperative society as aided or unaided determines the authority responsible for conducting elections under the A.P. Cooperative Societies Act.
The Assistant Registrar lacks jurisdiction to adjudicate on the validity of elections under the Societies Registration Act, 1860, and any disputes must be referred to the prescribed authority under S....
The central legal point established in the judgment is the validity of the General Body meeting and election process under the Societies Registration Act, 1975.
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