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2008 Supreme(All) 2013

ASHOK BHUSHAN, ARUN TANDON
COMMITTEE OF MANAGEMENT – Appellant
Versus
RAMA SHANKER SINGH – Respondent


JUDGMENT

By the Court.—With the consent of the learned Counsel for the parties, the special appeal is being decided today without calling for further affidavits.

2. This intra Court special appeal has been preferred against the last but one paragraph of the judgment of the Hon’ble Single Judge dated 7.8.2008 passed in writ petition No. 30809 of 2008, wherein the learned Single Judge has made it open for the writ petitioners to file their objections in respect of the elections of the office bearers of the Society, held under the control and supervisions of the Assistant Registrar, Firms, Societies and Chits, Azamgarh before respondent No. 4 i.e. the Registrar, Firms, Societies and Chits, U.P., Lucknow. It has further been provided that objections so filed may be decided by the respondent No. 4 on the basis of relevant record by means of a reasoned and detailed order.

3. Counsel for the appellants contend that such direction of the High Court virtually amounts to conferring a jurisdiction not vested in the authority concerned. The contention so raised on behalf of the appellants is opposed by the learned Counsel for the writ petitioners/respondent Nos. 1 to 5. It is submitted that since
















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