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2011 Supreme(All) 359

A.P.SAHI
COMMITTEE OF MANAGEMENT, GHORATH SHANKARPUR, KISAN UCHCHATAR MADHYAMIK VIDYALAYA, GHORATH, DISTRICT KUSHINAGAR – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
P.N. Saxena, Balwant Singh for the Petitioners; Ashok Khare, A.K. Pandey and R.C. Dwivedi, S.C. for the Respondents.

JUDGMENT

Hon’ble A.P. Sahi, J.—This writ petition has been filed on behalf of the Committee of Management, Ghorath Shankarpur, Kisan Uchchatar Madhyamik, Vidyalaya, Ghorath, Post Kubernath, District Kushinagar, which is a Society registered under the Societies Registration Act, 1860 (hereinafter referred to as ‘the 1860 Act’) running an institution of the level of a Junior High School, which is recognized under the U.P. Basic Education Act, 1972 for the purpose of disbursement of salary and administration of the institution. The signatures of the Manager are attested by the District Basic Education Officer.

2. The petitioners have prayed for quashing of the order dated 28.12.2010 passed by the Assistant Registrar, Firms, Societies and Chits, Gorakhpur whereby all claims pertaining to the elections and registration of list of office-bearers have been rejected and it has been held that since the tenure of the Committee of Management has already expired, therefore, in view of the provisions of sub-section (2) of Section 25 of the 1860 Act, the Assistant Registrar is to proceed to hold the elections. For the said purpose, the Assistant Registrar has nominated the District Basic Educatio
















































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