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KSHITIJ SHAILENDRA
Darul Ulum Samadhiya – Appellant
Versus
State of U P – Respondent
JUDGMENT :
Kshitij Shailendra, J.
1. Heard Shri Anil Bhushan, learned Senior Counsel assisted by Shri Jitendra Kumar Singh, learned counsel for the petitioners, learned Standing Counsel for respondent nos.1 and 2 and Shri Prabhakar Awasthi, learned counsel representing respondent no.3.
2. The order under challenge in the present writ petition is dated 10.04.2023 whereby the Assistant Registrar, Firms, Societies and Chits, Jhansi in furtherance of directions issued by this Court in Writ C No.1887 of 2023 (C/M Darul Uloom Samadia & Ors. v. State of Uttar Pradesh & Ors.), has set aside the list of office bearers registered at the behest of the petitioners and also the impugned Bye-laws of the Society by recording a finding that the same had been obtained on the basis of fabricated documents.
3. The submission of learned Senior Counsel is to the effect that elections of the Society were held in the year 2021 from a Body of seven office bearers and the list was registered on 25.03.2022, whereafter, amendments were made in the Bye-laws by a list of 11 office bearers and the same were registered in the office of Assistant Registrar on 30.12.2022. It is contended that a complaint was moved by
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.
The Assistant Registrar has the authority to reject election claims based on insufficient documentation, but must first resolve membership disputes under Section 4-B before conducting elections under....
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....
Section 4-B of Act, 1860, Registrar is not supposed to make adjudication of dispute of correctness of membership like a Court but whenever a list is submitted or there is any change in the list of me....
The court established that disputes regarding the election of office-bearers in societies must be resolved through the prescribed statutory mechanisms, and that prior judicial determinations do not p....
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....
Vacancies in society leadership require legally conducted elections under the Societies Registration Act.
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