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2011 Supreme(All) 291

AMITAVA LALA, ASHOK SRIVASTAVA
MEHDI-UL HASAN ABADI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Anil Kumar Bajpai for the Appellants; Ashok Khare, I.R. Singh and Ramanand Pandey, S.C. for the Respondents.

JUDGMENT

Hon’ble Amitava Lala, J.—This special appeal has been filed by the appellant-writ petitioners challenging the judgment and order dated 1st December, 2010 passed by the learned Single Judge in Civil Misc. Writ Petition No. 69837 of 2010 (Mehdi-ul Hasan Abadi and others v. State of U.P. and others), thereby dismissing the writ petition.

2. The facts of the case are that one R.D.M. Shia Trustee Committee, Jaunpur, U.P. (hereinafter in short called as the ‘’trustee committee’) is a society registered under the Societies Registration Act, 1860 (hereinafter in short called as the ‘’Act’) and the appellants claim themselves to be permanent members of the trustee committee. On account of death of 15 permanent members, vacancies were caused. It is alleged that for filling up of such vacancies neither any meeting was called nor any agenda was circulated, but 15 henchmen of Dr. Akhtar Hasan Rizvi, President of the trustee committee-respondent No. 4 herein, and Abiz Rizvi, Secretary of the trustee committee-respondent No. 5 herein, were elected as permanent members in a meeting alleged to have been held on 27th January, 2008. Such President and Secretary of the trustee committee are fa










































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