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1980 Supreme(All) 620

N.D.OJHA, K.M.DAYAL
Arya Pratinidhi Sabha – Appellant
Versus
Sub-Divisional Magistrate – Respondent


Advocates:
Advocate Appeared:
For the Appellant : K.P. Agarwal
For the Respondent: S.P. Kumar, Kameshwar Prasad, Harish Chandra and Prabhat Kuamr

JUDGMENT :

N.D. OJHA, J.

1. Arya Pratinidhi Sabha Petitioner No. 1, is a society registered under the Societies Registration Act. It has its bye-laws and we are informed that in its annual sessions which are held at various places the office bearers for managing the affairs of the Sabha are elected. One such election was held on 25th December, 1978 and Petitioner No. 2 claims to have been elected as president of the Sabha in that election He thereafter nominated various office bearers including Respondent No. 9 who was nominated as Secretary of the Sabha. Some of the Respondents seem to have disputed the validity of the election held in the meeting of the Sabha on 25th December, 1978, and they approached the Registrar of the Societies under the Societies Registration Act to have the said dispute resolved. The Registrar in his turn referred the matter to the Sub-Divisional Officer, Lucknow, who, we are informed, is the Prescribed Authority appointed under the Societies Registration Act to hear and decide the dispute in respect of the aforesaid election as contemplated by Section 25 of the Societies Registration Act. The Sub-Divisional Officer by an order dated 11th January, 1980, set






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