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2015 Supreme(All) 1386

PANKAJ MITHAL
ANAND SWAROOP AGARWAL – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
J.J. Munir, Manish Goyal and Uma Nath Pandey for the Petitioner; C.S.C., Hemendra Kumar, R.K. Ojha and Gajendra Pratap for the Respondents.

JUDGMENT

Hon’ble Pankaj Mithal, J.—An order dated 27.8.2011 passed by the Assistant Registrar (Firms, Societies and Chits), Moradabad under Section 25(2) of the Societies Registration Act, 1908 (hereafter referred to as the Act) has been impugned by the petitioner in this writ petition as also the consequential election programme dated 30.8.2011 issued by the respondent No. 8.

2. The Assistant Registrar by the impugned order inter alia holds that the term of the Managing Committee of the Society is to be treated as one year and as its elections have not been held within time the Managing Committee has become time barred. He accordingly directed for convening a meeting of the General Body of the Society for the purpose of elections.

3. In assailing the above order the primary contention of Sri Manish Goyal, learned counsel appearing for the petitioner is that the impugned order passed by the Assistant Registrar is completely without jurisdiction. The bye laws of the society do not prescribe for the elections of the Managing Committee to be held every year and therefore, the Assistant Registrar manifestly erred in treating the term of the Managing Committee to be one year and for dire

































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