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2004 Supreme(All) 1674

ARUN TANDON
Committee of Management, Shiksha Pracharini Sangh, Isari Salempur, Ballia – Appellant
Versus
Prescribed Authority/Sub Divisional Magistrate, Rasara, District Ballia – Respondent


Advocates:
Counsel for the Petitioners: H. K. Singh.
Counsel for the Respondents: Y. K. Singh, P. K. Singh and A. S. Diwakar, S.C.

ORDER

Arun Tandon, J.—Heard Sri H.K. Singh, learned counsel for the petitioners, Sri A.S. Diwakar, learned counsel for the respondent No. 3 and learned standing counsel for the respondent Nos. 1 and 2.

2. The Committee of Management of Shiksha Pracharini Sangh, Isari Salempur, Ballia, which is a society duly registered under the Societies Registration Act, 1860 (hereinafter referred to as the Act) through its alleged Secretary/Manager Sri Jaishankar Singh has filed this writ petition against the order of the Prescribed Authority dated 6th April, 2004, passed in proceedings under Section 25 (1) of the Act.

3. It is contended on behalf of the petitioner that the aforesaid order of the Prescribed Authority is patently illegal inasmuch as it was specifically pleaded before the prescribed authority that the petitioners have set up the elections of the years 1993, 1997, 2000 and 2003. The Prescribed Authority has refused to take into consideration the claim of the petitioners and has proceeded to record a finding that the reference made by the Assistant Registrar has become redundant because of the expiry of the term of the Committee of Management which was elected in the year 1990 and









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