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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Deepak Roshan
Ayyappa Seva Sangham – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. petitioner challenges order and seeks reinstatement. (Para 1) |
| 2. facts about the society and disputes of its election. (Para 2 , 3) |
| 3. arguments regarding authority and election disputes. (Para 5 , 6 , 7 , 8) |
| 4. court's analysis on the powers of the s.d.o. and election legality. (Para 9 , 10 , 11 , 12 , 13) |
| 5. legal principles on judicial discretion and election validity. (Para 14 , 15 , 16 , 17 , 18) |
| 6. conclusion ordering fresh election under supervision. (Para 19 , 20) |
JUDGMENT :
Deepak Roshan, J.
1. Heard learned counsel for the parties.
2. The instant writ application has been preferred by the petitioner assailing the order passed by the 6th Respondent, as contained in letter dated 07.05.2022 (Annexure-8), which has been passed in furtherance to an application filed by the 8th Respondent; whereby a direction was issued to break/open the lock of the office of the Chairman of the Ayyappa School situated at Sector-5 Bokaro.
Further prayer has been made to reinstate Dr. Avinash V Unnithan and other elected person in the office of the Chairman of the said school.
3. The brief facts of the case as it appears from the pleadings is that the petitioner is a registered society u
The S.D.O. acted without authority by ordering the opening of the Chairman's office without due process, and the election prior to the previous committee's term expiration was invalid.
The court affirmed the validity of the election of the Committee of Management, emphasizing adherence to the Society's Bye-Laws and proper authority in convening meetings.
The court affirmed the validity of the Committee's elections under the Societies Registration Act, emphasizing adherence to bye-laws and authority established through prior judicial rulings.
Elections held by a Committee of Management whose term has expired are valid if no Authorized Controller is appointed, and the Regional Level Committee's rejection of such elections is contrary to la....
The Assistant Registrar lacks the authority to declare election results or cancel prior elections as per the Societies Registration Act; only the Prescribed Authority has such jurisdiction.
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