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2023 Supreme(All) 925

AJAY BHANOT
Shiksha Prasar Samiti – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sharad Chandra, Sankalp Narain.
For the Respondent: Sanjeev Kumar Yadav.

JUDGMENT :

AJAY BHANOT, J.

1. By the impugned order dated 12.12.2022 the Deputy Registrar, Firms, Societies and Chits has declined to register the list of office bearers under Section 4(1) of the Societies Registration Act, 1860 on the footing that a reference is pending before the prescribed authority under Section 25(1) of the Societies Registration Act.

2. The petitioner claims that he is the Secretary of the society registered under the name and style of “Shiksha Prasar Bankatu Bujurg Etawah.” which runs an educational institution. The petitioner states that he was lawfully elected on 24.07.2022.

3. Shri Sanjeev Kumar Yadav, learned counsel for the newly impleaded respondent submits that the petitioner cannot be elected as office bearer, inasmuch as, he has been convicted for murder in Sessions Trial No. 419 of 1993 (State Vs. Prema Devi and others).

4. Rejoining the issue, Shri Sankalp Narain, learned counsel for the petitioners does not dispute the aforesaid fact. He, however, contends that the newly impleaded respondent himself is a convict under Section 302 I.P.C. in Sessions Trial No. 120 of 1991 (State vs. Ajeet Singh and Others).

5. The undisputed facts of this case are that t

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