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2015 Supreme(All) 316

RAJES KUMAR, SHAMSHER BAHADUR SINGH
COMMITTEE OF MANAGEMENT, AJHU RAI HIGHER SECONDARY SCHOOL, DHARAMRAJGANJ (SHERWA), SIKARA, JAUNPUR – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Shashi Nandan, A.P. Paul, Vrindavan Mishra, Ashwani K. Mishra and Anil Singh Bishen for the Appellants; C.S.C., G.K. Singh, M.P. Singh, P.K. Singh and Siddharth Kumar for the Respondents.

JUDGMENT

By the Court.—Heard Sri Shashi Nandan, learned Senior Advocate assisted by Sri A.P. Paul, counsel for the appellants, Sri G.K. Singh, learned Senior Advocate appearing on behalf of the respondent No. 4 and learned standing counsel appears on behalf of respondents No. 1,2 & 3.

2. By means of the present appeal, the appellants challenged the order dated 17.9.2013, passed in Writ Petition No. 49161 of 2013, whereby the writ petition has been dismissed on the ground of alternative remedy under Section 25 (1) of the Societies Registration Act, 1960 (hereinafter referred to as the Act).

3. Brief facts of the case are that the appellants claim to be the members of the general body of the society, registered under the Societies Registration Act, which runs an educational institution in the name of Ajhu Rai Higher Secondary School, Dharamrajganj (Sherwa), Sikrara, Jaunpour. The appellants filed the Writ Petition No. 49161 of 2013 seeking quashing of the election proceedings held by the Assistant Registrar, Firm, Societies and Chits, Varanasi on 31.8.2013.

4. Learned counsel for the appellants submitted that the last election was held on 26.6.2006. The term of the Committee of Manage













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