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2009 Supreme(All) 72

SABHAJEET YADAV
COMMITTEE OF MANAGEMENT OF KRISHAK SEVA SAMITI, GHAZIPUR – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Ashok Khare and K. Shahi for the Petitioners; P.N. Saxena, S.P. Pandey and S.C. for the Respondents.

JUDGMENT

Hon’ble Sabhajeet Yadav, J.—By this petition, the petitioners have challenged the order dated 27.10.2008 (Annexure-13 of the writ petition) passed by Prescribed Authority/Deputy Collector, Saidpur, Ghazipur in exercise of his power under Section 25(1) of the Societies Registration Act, whereby he has decided the dispute of members of general body of society and directed for holding fresh election of office bearers of society.

2. The facts leading to the case are that Krishak Sangh, Uchauri, Ghazipur is a society registered under the Societies Registration Act, 1860 (hereinafter referred to as 1860 Act). It is stated in the writ petition that the aforesaid society was registered on 4.8.1952 by the petitioner No. 2 being one of the founder member of the aforesaid society. The name of answering respondent was also mentioned at Sl. No. 7 in the Memorandum of Association. The petitioner No. 2 being a founder member of the society participated in the election held on 30.5.1995. It is stated that a writ petition No. 32428 of 2001 was decided on 26.10.2002 with a direction to the Assistant Registrar to finalize the list of members and to hold the election of committee of management.
























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