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2011 Supreme(All) 110

A.P.SAHI
SARRAFA COMMITTEE, PANCHAYATI DHARAMKANTA, MATHURA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Rama Goel Bansal for the Petitioner; Namit Kumar Sharma, C.S.C. for the Respondents.

JUDGMENT

Hon’ble A.P. Sahi, J.—This writ petition has been preferred by Subhash Chandra Agrawal, Secretary of the Committee of a Society registered under the Societies Registration Act, 1860 (hereinafter referred to as ‘the 1860 Act’) assailing the order passed by the respondent No. 2-Deputy Registrar, Firms, Societies and Chits, Agra whereby he has proceeded to hold that the elections held in September, 2010, in which the petitioner claims to have been elected as Manager is invalid and further the former President and the Secretary are directed to give an opportunity of hearing to such members who had been allegedly expelled and then determine their status so as to finalize the electoral college of the Society.

2. Learned counsel for the petitioner submits that the impugned order is without jurisdiction and even erroneous on merits, inasmuch as, without recording any finding on the issue of membership, there was no occasion to have raised questions and then called upon the Society through its erstwhile office-bearers to decide the issue of membership. Further the elections could not have been invalid on such a ground and if there was any doubt or dispute then the same ought to have












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