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2017 Supreme(All) 2255

NEERAJ TIWARI
COMMITTEE OF MANAGEMENT, KSHETRIY SHRI GANDHI AASHRAM MAGHAR – Appellant
Versus
PRESCRIBED AUTHORITY/S. D. M. KHALILABAD – Respondent


Advocates:
Counsel :
Narendra Kumar Chaturvedi and Akhilesh Chandra Mishra for the Petitioners; C.S.C. and Kundan Rai for the Respondents.

JUDGMENT

Hon’ble Neeraj Tiwari, J.—Heard Sri Narendra Kumar Chaturvedi, learned counsel for the petitioners, Sri Kundan Rai, learned counsel for respondent No. 4 and learned Standing Counsel for respondent Nos. 1 and 2.

2. With the consent of learned counsel for the parties, without calling for counter-affidavit petition is being disposed of at the admission stage itself.

3. By means of this writ petition, petitioner is challenging the order dated 9.10.2017 passed by respondent No. 2-Prescribed Authority.

4. Brief facts of the case are that there is a Society in the name of Kshetriya Shri Gandhi Ashram Maghar District-Sant Kabir Nagar and a dispute arose with regard to the election of Office Bearer of the Society. Assistant Registrar, Gorakhpur i.e. respondent No. 2 vide order dated 12.1.2016, declared Committee of Management of Society as time barred and further held that election shall take place under the provision of Section 25(2) of the Societies Registration Act, 1860 amongst the list of valid members of general body of the year 2014-15 excluding dead and retired members.

5. Against the order dated 12.1.2016, respondent Nos. 3 to 5 had filed Writ-C No. 11569 of 2016 and petiti















































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