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2017 Supreme(All) 702

TARUN AGARWALA, RAJUL BHARGAVA
VINOD KUMAR VARSHNEY – Appellant
Versus
STATE OF U. P. – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. The power of the Registrar to call a meeting for holding elections under Section 25(2) of the Societies Registration Act is discretionary and not mandatory, as indicated by the use of the word "may" (!) (!) .

  2. The Committee of Management can, even after the expiry of its term, convene a meeting for the purpose of holding elections unless explicitly barred by the Rules of the society or an order passed by the Registrar under Section 25(2) (!) (!) .

  3. The power of any other authority or person to call a meeting for elections, as recognized under Section 25(3), is only eclipsed if the Registrar has already assumed jurisdiction and called a meeting under Section 25(2) (!) .

  4. The right of the Committee of Management to hold elections after their term has expired continues until the Registrar passes an order under Section 25(2) of the Act (!) (!) .

  5. The language of the statutes suggests that the Registrar’s actions under Section 25(2) are directory and permissive, not mandatory, and the power to convene elections is exercised at the Registrar’s discretion based on circumstances (!) (!) .

  6. The judgment emphasizes that the outgoing Committee of Management does not automatically lose the right to hold elections upon expiry of their term unless the Registrar has issued an order under Section 25(2) (!) .

  7. The legal framework supports the view that elections can be held by the outgoing Committee of Management if no order has been passed by the Registrar under Section 25(2), and such elections are valid unless challenged or found otherwise (!) (!) .

  8. The interpretation of the relevant provisions indicates that the Registrar’s jurisdiction is invoked only when specific conditions are met, and until then, the Committee of Management retains the authority to convene elections (!) (!) .

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JUDGMENT

Hon’ble Tarun Agarwala, J.—The petitioner in Writ Petition No. 54357 of 2016, Vinod Kumar Varshney v. State of U.P. and others, contends that he is a member of the general body of the society and has the right and locus to question the action of the Committee of Management of the society.

2. The brief facts in this writ petition is, that there is a society known as Barah Saini College Society, Aligarh, which held its last election on 20th October, 2013. The term of the Committee of Management was three years, which expired on 20th October, 2016. Prior to the expiry of the period, a notice dated 4th October, 2016 was issued by the Secretary to convene a meeting on 20th October, 2016 on which date, the members of the general body resolved to hold a fresh election, which was fixed for 25th December, 2016. Based on this resolution, an election notice dated 30th October, 2016 was published in the Dainik Jagran newspaper intimating that the election would be held on 25th December, 2016. This election notice has been questioned in the writ petition on the ground that once the term of the Committee of Management comes to an end, the said Committee of Management has no right to conv






































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