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2009 Supreme(All) 3153

TARUN AGARWALA
COMMITTEE OF MANAGEMENT, BABA RAM SAHAI SHIKSHA SAMITI, BALLIA – Appellant
Versus
ASSISTANT REGISTRAR, FIRMS, SOCIETIES AND CHITS, AZAMGARH – Respondent


Advocates:
Counsel :
Sudhakar Pandey for the Petitioners; K.N. Rai, S.C. for the Respondents.

JUDGMENT

Hon’ble Tarun Agarwala, J.—Heard Shri Sudhakar Pandey, the learned counsel for the petitioner and Shri K.N. Rai, the learned counsel for the respondent.

2. The facts leading to the filing of the writ petition, as alleged by the petitioner is, that the respondent No. 3 was removed as a member of the Society by a resolution dated 20th February, 1982, which information, was sent to the Assistant Registrar. On 3rd January, 1991, an election was held, in which one Gorakh Nath Yadav was elected as the Secretary and the petitioner Kamleshwar Prasad Yadav was elected as the Deputy Secretary. It is stated that Gorakh Nath died on 17th April, 1992, and by a resolution dated 10th May, 1992, the petitioner No. 2 was allowed to work as the Secretary. It is further alleged that on 20th of February, 2001, fresh elections were held in which Kedar Nath Yadav was elected as the President and the petitioner No. 2 was elected as the Secretary. Relevant papers were submitted on 23rd October, 2001 and the Registrar, by its order dated 24.11.2001, accepted the list of office bearers of the Society submitted by the petitioner No. 2 and also renewed the registration of the Society by an order dated























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