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KSHITIJ SHAILENDRA
Kshetriya Shri Gandhi Ashram Garh Road – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Shri Radha Kant Ojha, learned Senior Counsel, assisted by Shri Shiv Prakash Gupta, learned counsel for the petitioners, learned Standing Counsel for the State-respondent Nos. 1 and 4, Shri Rajiv Sharma, learned counsel representing respondent Nos. 2 and 3 and Shri Abhishek Pandey, learned counsel for the complainant in exercise of power under Chapter XXII Rule 5-A of Allahabad High Court Rules, 1952 inasmuch as the said complainant had filed caveat application, but has not been impleaded as respondent.
2. This writ petition has been filed challenging the order dated 05.04.2023 whereby the Director, Khadi & Village Industries Commission (respondent no.3) has communicated the Divisional Director that the Competent Authority has authorized him to act as an Administrator to take care of the day to day affairs of the Kshetriya Shri Gandhi Ashram, Meerut in anticipation of the Commission’s approval till a new management is elected after following due procedure, with a view to safeguard the funds deployed by the Khadi and Village Industries Commission (KVIC) and also to protect the large number of artisans and workers associated with Khadi Industry. Another order under c
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The Assistant Registrar lacks jurisdiction to adjudicate on the validity of elections under the Societies Registration Act, 1860, and any disputes must be referred to the prescribed authority under S....
The court affirmed the validity of the election of the Committee of Management, emphasizing adherence to the Society's Bye-Laws and proper authority in convening meetings.
The court affirmed that the Assistant Registrar must assess the bona fides of disputes before deciding on their referral to the Prescribed Authority under the Societies Registration Act.
Point of Law : Parties could not have been relegated to avail the remedy provided under Section 25 (1) of the Act. In fact, the Deputy Registrar in the order impugned was not concerned only with elec....
A writ petition under Article 226 of the Constitution is not maintainable against a registered society unless it is shown to be performing public functions or violating statutory provisions.
for any reason if a new committee or the management for any reason whatsoever is not elected before the expiry of the term or that such Committee having been held is not functioning, as is the case o....
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