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MANJIVE SHUKLA
Dhampur Mahila Shiksha Sabha – Appellant
Versus
State Of UP – Respondent
JUDGMENT :
(Manjive Shukla, J.)
1. Heard Sri G.K. Singh, learned Senior Advocate assisted by Sri H.P. Sahi and Sri Bhuvnesh Kumar Singh, learned counsels appearing for the petitioners, learned Standing Counsel appearing for Respondents No.1 & 2 and Sri R.K. Ojha, learned Senior Advocate assisted by Sri Harishchandra Dubey, learned counsel appearing for Respondent No.4.
2. Petitioners through this writ petition have assailed the order dated 9.4.2024 passed by the Assistant Registrar, Firms, Societies and Chits, Moradabad whereby he has declared the membership of newly inducted 72 members including Petitioners No.2, 4 to 9 as invalid on the ground that they have been inducted by the time-barred Committee of Management of Saubhagyawati Bai Dani Mahila Mahavidyalaya, Dhampur, District Bijnor.
3. Facts of the case, as culled out from the writ petition, are that Dhampur Mahila Shiksha Sabha, Dhampur, District Bijnor (hereinafter referred to as ‘Society No.1’) and Saubhagyawati Bai Dani Mahila Mahavidyalaya, Dhampur, District Bijnor (hereinafter referred to as ‘Society No.2’) are the societies registered under the Societies Registration Act, 1860. The bye-laws of Society No.2 provide that the
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 ruled that the failure of a society to produce necessary records should not disadvantage members claiming valid induction, emphasizing the importance of proper documentation in membership d....
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 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....
Membership in cooperative societies requires compliance with specified contributions and procedures; lacking compliance, tenant status does not automatically confer membership rights.
The Registrar's jurisdiction under the Maharashtra Cooperative Societies Act is limited to determining eligibility based on objective facts, excluding complex disputes regarding ownership or membersh....
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