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2009 Supreme(All) 2996

C. K. PRASAD, A. P. SAHI
COMMITTEE OF MANAGEMENT, ADARSH SHIKSHASAMITI, KARCHANA, ALLAHABAD – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Ashok Khare and Radha Kant Ojha for the Appellants; V.D. Shukla, S.C. for the Respondents.

JUDGMENT

By the Court.—These appeals under Rule 5 Chapter VIII of the High Court Rules have been preferred by the rival claimants, against the judgment dated 23.7.2009 professing themselves to be the validly elected Committee of Management of a Society registered under the Societies Registration Act, 1860, namely Adarsh Shiksha Samiti, Charibana, Karchana, Allahabad, which runs a Junior High School in the name of Swatantrata Senani Ayodhya Prasad Tewari Junior High School, Charibana, Karchana, Allahabad.

2. The Society, which is admittedly registered under the 1860 Act, stands renewed up to the period 30.9.2009. A set of bye-laws have been framed and according to the said bye-laws, the elections of the office bearers and members of the Committee of Management has to be held annually. The dispute with regard to the claim of Management arose when Srikant Tewari claiming to be the Secretary-cum-Manager, the appellant in Special Appeal No. 1029 of 2009, submitted his list of office bearers before the Assistant Registrar, Firms, Societies & Chits, Allahabad, on the strength of the election held on 13.1.2008. This list was submitted on 29.1.2008. The Assistant Registrar did not find any e














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