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1997 Supreme(All) 39

M.KATJU
COMMITTEE OF MANAGEMENT, SARVODAYA MANDAL – Appellant
Versus
ASSISTANT REGISTRAR, FIRMS, SOCIETIES AND CHITS – Respondent


Advocates Appeared:
Ashok Khare, H.P.PANDEY

M. KATJU, J.

( 1 ) HEARD counsels for the parties and perused the writ petition as well as counter-affidavit. It appears that an election of the office bearers of the society was held on 18-5-1995 in which the respondent Nos. 2 and 3 were elected for 3 years and an intimation was sent to the Assistant registrar, Firms, Societies and Chits, Allahabad, who recognised the same. Subsequently it is alleged in paragraph 4 of the writ petition that a meeting was convened on 29-9-1995 of the general body in which the decision was taken to dissolve the existing committee of management, and a new committee of management was constituted on the same date with the petitioner No. 2 as the president, Sri Manni Lal as the Vice-President, Sri Madho Lal as the Secretary and Sri buddan as the Treasurer. It is surprising that on the same date i. e. 29-9-1995 the existing office bearers were alleged to have been removed and a new committee of management were alleged to have been elected. In my opinion, this is manifestly illegal because for any election a date has to be fixing for filling of nomination, a date for voting and for counting etc. It is simply not possible that on the very same date on whic




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