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KSHITIJ SHAILENDRA
Yashwant Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Kshitij Shailendra, J.
Heard Sri Rahul Jain, learned counsel for the petitioners, learned Standing Counsel for the State-respondents and Sri Prabhakar Awasthi, learned counsel for the respondent Nos. 4 and 5 and perused the record.
2. Counter and rejoinder-affidavits in between the parties have been exchanged and the original record produced on earlier occasions has also been placed before the Court and has been perused, therefore, the writ petition is being finally decided.
3. There are various facts on record, however, in order to cut short the controversy, only those facts shall be mentioned which are necessary for pronouncing the final judgment in the present case.
4. It is contended by Sri Rahul Jain that a Society, namely, Martand Vidyalaya Churiyani Samiyana, runs an intermediate college in the name and style of Martand Vidyalaya Inter College, Churiyani Samiyana, Fatehpur. He submits that the term of the Committee of Management of the Institution is five years, whereas the term of the office bearers of the society is three years and the last elections concerning the institution as well as the society were held in the year 2015 in which the respondent No. 5 was elected
Only the Prescribed Authority has the jurisdiction to decide on the validity of society elections under the relevant provisions of the 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....
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 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 the validity of the Committee's elections under the Societies Registration Act, emphasizing adherence to bye-laws and authority established through prior judicial rulings.
The Assistant Registrar lacks the authority to declare election results or cancel prior elections as per the Societies Registration Act; only the Prescribed Authority has such jurisdiction.
Elections held by a Committee of Management whose term has expired are valid if no Authorized Controller is appointed, and the Regional Level Committee's rejection of such elections is contrary to la....
The central legal point established in the judgment is the requirement of genuine rival claims or disputes and the need for prima facie material before the Registrar can validly exercise jurisdiction....
Vacancies in society leadership require legally conducted elections under the Societies Registration Act.
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