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ARUN TANDON
Committee of Management, Vidyawati Higher Secondary School – Appellant
Versus
Asstt. Registrar Firms, Societies and Chits – Respondent
Based on the provided legal document, the court did not explicitly allow the office bearers to remain in office beyond their prescribed tenure. Instead, the court clarified that the power to convene a meeting for holding fresh elections is only lost when the registrar issues an order under Section 25(2) of the Societies Registration Act. Since no such order was passed in this case, the outgoing office bearers continued to hold office legally after their term expired, and their holding of elections was deemed valid (!) (!) .
However, this does not mean the court permitted them to stay in office beyond their term by default; rather, the court emphasized that the outgoing office bearers remained in office because the statutory condition for their removal—an order by the registrar—had not been met. Therefore, the court's decision was based on the legal interpretation that, in the absence of an order under Section 25(2), outgoing office bearers could hold elections and remain in office until new elections are conducted or until an order is issued by the registrar (!) (!) .
( 1 ) HEARD Sri Ratnesh Kumar Pandey, advocate on behalf of the petitioner, standing counsel on behalf of respondent Nos. 1 and 3 and Sri D. N. Pandey, advocate on behalf of respondent No. 2.
( 2 ) VIDYAWATI Higher Secondary School, Shahpur, district Azamgarh, is a society duly registered under the Societies Registration Act, 1860. The said society has established an institution in the name and style Vidyawati Inter College, Shahpur, Sarain, district Azamgarh. Sri Sadanand tiwari claiming himself to be the Secretary of the said Society has filed this writ petition against the order dated 4. 12. 2003, passed by the Assistant Registrar Firms, Societies and Chits, azamgarh Region, Azamgarh, respondent No. 1, whereby the Assistant Registrar has rejected the representation made by the petitioner and has directed that the list of office bearers be registered for the year 2003-04 in pursuance of the elections which had taken place on 2. 3. 2003.
( 3 ) THE aforesaid elections dated 2. 3. 2003 were declared valid by the Assistant Registrar while rejecting the objection of the petitioners vide order dated 7. 6. 2003, Feeling aggrieved with the order dated 7. 6. 2003, the petit
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