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2013 Supreme(All) 2560

SUNIL AMBWANI, SURYA PRAKASH KESARWANI
COMMITTEE OF MANAGEMENT, MAHARANA PRATAP VIDYALAYA PRABANDH SAMITI, BHADWARA, KANPUR – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
A.K. Srivastava and Sudhir Srivastava for the Appellants; C.S.C. for the Respondents.

JUDGMENT

By the Court.—We have heard Shri A.K. Srivastava and Shri Sudhir Srivastava for the appellants. Learned Standing Counsel appears for the State respondents.

2. This intra-Court Special Appeal arises out of judgment and order dated 24.10.2013, by which learned Single Judge has declined to entertain the writ petition on the ground that in the previous writ petition, directions were given to decide petitioner’s objections by a reasoned and speaking order to finalise the electoral college for holding elections. The Court also directed in the earlier Writ Petition No. 16786 of 2013, that in respect of all other grievances the petitioner will be at liberty to seek remedies under Section 25 (1) of Societies Registration Act, or by way of Civil Suit.

3. It is submitted that the electoral college has been finalised without deciding petitioner’s representation.

4. Learned Single Judge has observed that any grievance with regard to finalisation of electoral college and elections can be considered after the elections are held in accordance with the provisions of the Societies Registration Act or by filing a civil suit.

5. The elections for electing the office bearers of a society or a c














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