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2020 Supreme(All) 1242

RAJAN ROY
Ram Dev – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : Girish Chandra Verma and Rakesh Pal
For the Respondents: C.S.C., P.K. Singh Bisen, R.P. Shukla and Rama Shankar Dubey

JUDGMENT :

Rajan Roy, J.

1. Supplementary-affidavit filed today is taken on record.

2. Heard learned Counsel for petitioner and learned Counsel for respondents.

3. As regards respondent No. 5, the society, it is admitted position of parties before this Court and it is a fact which is mentioned in the impugned order also that after 12.2.2012 no elections to the committee of management of society have been held and the said committee of management which was elected in the last elections has become time barred. The then manager died in 2013 and in his place, petitioner No. 1 Ram Dev was elected. Moreover, as informed by learned Counsel for parties the registration of the society has also not been renewed, therefore, in these circumstances considering the order proposed to be passed notices need not be issued to respondents, especially as the Committee of Management has become time barred and it is the petitioner No. 1 who was its Manager.

4. First and foremost the law is very well-settled that unless the registration of the society is renewed, the Assistant Registrar would have no jurisdiction to proceed under Societies Registration Act, 1860. In this view of matter one of the questions to

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