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2016 Supreme(All) 1603

DILIP B. BHOSALE, YASHWANT VARMA, ASHWANI KUMAR MISHRA
COMMITTEE OF MANAGEMENT, DADAR ASHRAM TRUST SOCIETY – Appellant
Versus
MAHATMA GANDHI KASHI VIDYAPEETH, VARANASI – Respondent


Advocates:
Counsel :
Radha Kant Ojha, Shivendu Ojha, Indra Raj Singh, Adarsh Singh and Prateek Bansal for the Appellants; C.L. Pandey, Rajesh Chandra Dwivedi, C.B. Yadav, Additional Advocate General, Shashank Shekhar Singh, Additional CSC and Vivek Verma for the Respondents.

JUDGMENT

Hon'ble Dilip B. Bhosale, C.J. and Yashwant Varma, J.—The questions which have been referred for the opinion of the larger Bench, are whether there can be a mandamus commanding the Authorized Controller/District Magistrate to hold election of office bearers of a registered society contrary to the provisions of Section 25 (2) of the Societies Registration Act, 1860?; and in the facts of the case, in absence of determination of the electoral college in terms of the directions dated 3.10.2007 issued in Civil Misc. Writ Petition No. 48538 of 2007, whether there could be a direction to the Authorized Controller/District Magistrate to hold elections, more so when a second appeal is pending?

2. The reference order dated 3.10.2016 has been passed in Special Appeal (D) No. 589 of 2016 filed by three appellants, after seeking leave of this Court, against the order dated 13.7.2016 passed by the learned Single Judge in Writ - C No. 31246 of 2016. Special Appeal (D) No. 628 of 2016 has also been filed by two appellants challenging the very same order dated 13.7.2016, seeking leave of this Court under Chapter XXII Rule 5, Chapter IX Rule 10 and Chapter 10 Rules 1 and 7 of the Allahabad
































































































































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