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2011 Supreme(All) 1973

S.U.KHAN
COMMITTEE OF MANAGEMENT, SRI MANAS SHIKSHA PRASAR SAMITI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Hariday Narain Singh and Ashok Khare for the Petitioners; C.S.C., G.K. Singh and V.K. Singh for the Respondents.

JUDGMENT

Hon’ble S.U. Khan, J.—Heard learned counsel for the parties.

2. Petitioner No. 1 Committee of Management Sri Manas Shiksha Prasar Samiti Itaili, Ratanpura Mau runs a Junior High School. The dispute relates to the Constitution of the Committee of Management. The last undisputed election was held on 10.12.2003 in which respondent No. 5 Ramadhar Singh was elected as Manager and one Sri Kalpnath Singh was elected as President. Ramadhar Singh, who was Manager at that time asserted that Sri Kulpnath Singh tendered his resignation due to bad health on 10.11.2005 which was accepted by General Body of the society on 14.12.2005 and Sri Shiv Nath Singh-respondent No. 6 was elected as President for the remaining period. The period of Committee of Management is three years. However, petitioner No. 2 Chandrama Singh asserted that fresh elections had taken place on 26.11.2005 and 16.12.2005. The dispute reached before the Assistant Registrar Firms, Societies and Chits Azamgarh, who passed a strange order on 27.10.2006 holding that the claim of both the parties was wrong and it was further held by the Assistant Registrar that period of Committee of Management was over. The said order was c










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