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2000 Supreme(All) 581

G.P.MATHUR, S.P.SRIVASTAVA
COMMITTEE OF MANAGEMENT – Appellant
Versus
ASSISTANT REGISTRAR FIRMS SOCIETIES AND CHITS – Respondent


Advocates Appeared:
S.N.SRIVASTAVA

G. P. MALHUR, J.

( 1 ) WE have heard learned counsel for the appellants and have perused the record.

( 2 ) THE appellants in this appeal filed writ petition challenging the order dated 9. 2. 2000 of the assistant Registrar, Firms Societies and Chits. Varanasi. The writ petition having been dismissed by a learned single Judge on 30. 3. 2000, they have preferred the present special appeal.

( 3 ) IT is not in dispute that an election to elect the office bearers of the Society was held on 8. 7. 1992. Thereafter no election was held within a period of three years. The appellants allege that an election was held on 9. 3. 1997 in which appellant No. 2 Uma Shankar Giri was elected as manager. One Dwarlka also claimed that an election was held on 13. 12. 1998 in which he was elected as Manager. He applied for renewal of the registration of the society, on the basis of the aforesaid election. The Assistant Registrar by his order dated 9. 2. 2000 held that as the election of the society had not been held within the specified period prescribed under the rules it was not possible to recognize any one of the alleged Managers. By the same order, he directed that a fresh election be held and in co




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