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2014 Supreme(All) 1677

MANOJ MISHRA
COMMITTEE OF MANAGEMENT, BOARD OF TRUSTEES, SALTANAT BAHADUR EDUCATION TRUST – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Radha Kant Ojha and Prashant Kumar for the Petitioners; C.S.C., G.K. Singh and Daya Shankar Singh for the Respondents.

JUDGMENT

Hon’ble Manoj Misra, J.—Heard Sri R.K. Ojha, learned Senior Counsel assisted by Sri Prashant Kumar, for the petitioners; learned Standing Counsel for the respondent No. 1 to 3; and Sri G.K. Singh, learned Senior Counsel assisted by Sri Daya Shankar Singh, for the respondent No. 4.

The contesting respondent No. 4 has filed a short counter-affidavit to which a rejoinder affidavit has been filed by the petitioners and the learned counsel for the parties are in agreement that in view of the nature of the order that is being passed, the writ petition may be finally decided, at this stage itself.

2. Briefly stated the facts of the case are that there is a registered society by the name of Saltanat Bahadur Educational Trust, Sri Krishna Nagar, Badlapur, Jaunpur. Under the Bye-laws of the Society, the term of the office bearers of the Society is one year. The last undisputed election of the office bearers of the Society was held on 25.5.2012 in which the petitioner No. 3 was elected as the President and the respondent No. 4 was elected as the General Manager. The office bearers were also registered under Section 4 of the Societies Registration Act. As the term of the office bearers















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