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2009 Supreme(All) 597

RAKESH TIWARI
MADARSA ARABIYA NOORUL OLUM GADERUA, AZAMGARH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Somesh Khare, Iftikhar Ahmad and J.A. Azmi for the Petitioners; Faheem Ahmad and S.C. for the Respondents.

JUDGMENT

Honble Rakesh Tiwari, J.—Heard Sri Somesh Khare, learned counsel for the petitioners, the learned Standing Counsel for respondent Nos. 1 and 2 and Sri Faheem Ahmad, learned counsel for respondent No. 3. Perused the record.

2. The petitioners have challenged the impugned order dated 15.12.2008 passed by respondent No. 2, Assistant Registrar, Firms, Societies and Chits, Azamgarh on the ground that the impugned order aforesaid is illegal and arbitrary having passed on speculation and presumption without noticing the facts taken by them in their objection as well as the objections dated 17.3.2008 filed by respondent No. 3 which clearly admit the fact that Sri Inayatullah had already resigned and the charge was given to President Sri Ramzan.

3. The impugned order is also challenged on the ground that respondent No. 2 has illegally proceeded to decide the dispute of committee of management elected by the members of the society under Section 25(1) of the Societies Registration Act, 1860 (in short the ‘Act) which was without jurisdiction and such dispute of committee of management could only be decided under the provisions of Section 25(1) of the Act.

4. The relief claimed by the p

































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