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2016 Supreme(All) 1979

D. Y. CHANDRACHUD, YASHWANT VARMA
Baba Mangal Das Shiksha Samiti – Appellant
Versus
Prescribed Authority – Respondent


Advocates Appeared:
For the Petitioner: Dinesh Chandra Mishra.
For the Respondent: C.S.C., Ashok Kumar Yadav, S.P. Pandey, Shiva Nand Pandey.

JUDGMENT

The reliefs which were sought before the learned Single Judge was for setting aside an election proceeding dated 27 June 2003, 26 June 2005 and 25 June 2010 and an order of the Prescribed Authority dated 26 February 2011 holding that the first two elections were valid. Thereafter, a recall application was filed before the Prescribed Authority on which an order was passed on 8 October 2015. Since the orders have been passed by the Prescribed Authority under Section 25(1) of the Societies Registration Act, 1860 and the learned Single Judge has dismissed the writ petition under Article 226 challenging those orders, a special appeal would not be maintainable under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952. Moreover, the mandamus which was sought directing the respondents to approve the election proceedings upon which the appellants placed reliance could not have been entertained in exercise of the jurisdiction under Article 226 since the dispute relates to a private society. The appellants are at liberty to pursue the appropriate remedy available in law.

The special appeal is accordingly dismissed. There shall be no order as to costs.


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