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2012 Supreme(All) 2434

A.P.SAHI
Committee of Management, Sri Ram Krishna Bal Niketan, Gorakhpur and Another – Appellant
Versus
Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region and Another – Respondent


Advocates:
R C. Dwivedi,
Counsel for the Respondents:
Bishram Tiwari, Dileep Kr. Srivastava, Durgesh Pratap Singh , C.S.C.

Amreshwar Pratap Sahi, J. —

Heard Sri R. C. Dwivedi, learned counsel for the petitioner and Sri Dileep Kumar Srivastava for the respondent No, 2, and the learned standing counsel for the respondent No. 1.

2. This petition has been filed assailing the order passed by the respondent-Assistant Registrar, Firm, Societies and Chits, Gorakhpur dated 10.9.2010. The petitioner Awdhesh Singh contends that he is a valid member of the society and further the declaration of membership by the impugned order is against the weight of evidence on record.

3. Sri Dwivedi contends that the finding in relation to the petitioner is erroneous and so far as the contesting respondents are concerned the infirmity pointed out in the membership list of the respondent No. 2 has not been considered in correct perspective.

4. The dispute in relation to the society and its Management had earlier come up before the Assistant Registrar who had passed an order on 11th March, 2005 holding that since there was no validly constituted Committee continuing and the earlier term had expired, therefore, the Assistant Registrar should take fresh steps for holding of elections of the office-bearers of the society. This order dat












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