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2008 Supreme(All) 271

JANARDAN SAHAI
SATYA NARAIN TRIPATHI – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
Radha Kant Ojha for the Petitioners; Indra Raj Singh and S.C. for the Respondents.

JUDGMENT

Honble Janardan Sahai, J.—The Kshettriya Shri Gandhi Ashram, Deoria is a society registered under the Societies Registration Act, 1860. Under the bye-law No. 10 of the Bye-laws of the society the members of the society are to elect members of the Prabandh Samiti. Under bye-law No. 14 ordinary members of the committee of management are to be elected for 3 years. Under bye-law No. 21 the Secretary is to be elected by the committee of management. The dispute in the present writ petition relates to the election to the post of Secretary. It appears that a list of members of the committee of management for the year 2001-2002 was filed under Section 4 (1) of the Societies Registration Act and in that list the names of Satya Narain Tripathi petitioner No. 1 in Writ Petition No. 33392 of 2006 and the respondent No. 4 Mahendra Nath Dubey were also included. In the year 2003 two rival claims to the post of Secretary were set up one by the petitioner No. 1 Satya Narain Tripathi and the other by the respondent No. 4 Mahendra Nath Dubey. The Assistant Registrar, Firms, Societies and Chits, Gorakhpur passed an order dated 11.7.2003 and approved the proceedings dated 24.4.2003 submitted by














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