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ARUN BHANSALI, VIKAS BUDHWAR
Committee of Management, Chandrawati Shikshan Sansthan – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Gajendra Pratap, learned Senior Advocate assisted by Sri S.P. Srivastava for the appellants-petitioners, who are eight in number, Sri Rajiv Singh, learned Standing Counsel for the respondent Nos. 1 and 2 and Sri Gautam Baghel, learned counsel for the respondent No. 3.
2. A joint statement has been made by the learned counsel for the parties that the appeal be decided at the admission stage itself as they do not propose to file any further affidavits thus, the appeal is being decided at the admission stage.
3. This intra Court appeal is against the judgment and the order dated 19.10.2023 passed in Writ-C No. 24615 of 2023, Committee of Management, Chandrawati Shikshan Sansthan and others v. State of U.P. and others, whereby the writ petition preferred by the appellants-petitioners questioning the order order dated 17.6.2023 of the Assistant Registrar, Firms, Societies and Chits, Azamgarh Region, Azamgarh, second respondent, (In short “Assistant Registrar”) was dismissed.
4. The case of the appellants-petitioners before the learned Single Judge was that there is a Society registered under the Societies Registration Act, 1860 (In short 'the Act, 1860') by the name
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 Committee's elections under the Societies Registration Act, emphasizing adherence to bye-laws and authority established through prior judicial rulings.
The Assistant Registrar lacked jurisdiction to review prior decisions regarding membership induction, and the failure to notify affected members violated natural justice principles.
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 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.
Only the Prescribed Authority has the jurisdiction to decide on the validity of society elections under the relevant provisions of the Act.
Vacancies in society leadership require legally conducted elections under the Societies Registration Act.
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