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SALIL KUMAR RAI
Gram Shiksha Samiti – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. Heard Sri Prabhakar Awasthi, the counsel for the petitioner and Sri Bachchu Lal Yadav, the counsel for respondent no. 4.
2. The present petition has been filed challenging the order dated 8.4.2022 passed by the Deputy Registrar, Firms, Societies and Chits, Agra rejecting the complaint of the petitioner. The order dated 8.4.2022 has been passed after the matter was remanded back to the Deputy Registrar by this Court vide its order dated 18.3.2021 passed in Writ - C No. 7978 of 2021.
3. Both respondent no. 4 and Sri Vipin Kumar Chauhan, the petitioner, claim themselves to be the elected Manager of the Governing Body of Gram Shiksha Samiti, Kasimpur Power House, District Aligarh. The admitted facts are that the elections of the Society were previously held on 25th June, 2012 and the list of office bearers elected in the aforesaid elections was registered by the Registrar. The respondent no. 4 was elected as the Manager of the Committee of Management of the Society in the elections held on 25th June, 2012. Subsequently, in 2016, the respondent no. 4 submitted another list of office bearers for registration claiming that fresh elections were held on 22nd June, 2016. The recor
The absence of proper notice for the meeting invalidated the resolution passed, supporting the Deputy Registrar's decision.
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....
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....
Vacancies in society leadership require legally conducted elections under the Societies Registration Act.
The principles of natural justice must be adhered to in administrative decisions, particularly when such decisions have civil consequences, ensuring that all affected parties are given a fair opportu....
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 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....
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