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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ARUN BHANSALI, KSHITIJ SHAILENDRA
Committee of Management – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. appeal against order of prescribed authority (Para 1 , 2 , 3) |
| 2. arguments on maintainability of appeal (Para 4 , 5 , 6 , 7 , 8) |
| 3. court's observations on past judgments regarding maintainability (Para 9 , 11 , 12 , 13 , 14 , 15) |
| 4. interpretation of rule 5 regarding special appeals (Para 16 , 17 , 18 , 19 , 20 , 21) |
| 5. final dismissal of special appeal as not maintainable (Para 22) |
JUDGMENT :
1. This appeal is directed against the order dated 08.04.2025 passed by learned Single Judge in Writ-C No. 8908 of 2025, whereby the learned Single Judge has stayed the operation of the order dated 22.01.2025 passed in Case No. 5419 of 2024 by the Prescribed Authority/Sub-divisional Magistrate under Section 25 (1) of the Societies Registration Act, 1860 ('the Act').
2. The subject matter of the writ petition pertains to the election of a Society, namely, Dr. Sudama Prasad Bal Vidya Mandir, Vigyan Kanan Kutir, Kutchery Road, Khirni Bagh Shahar, District Shahjahanpur, whose elections were held on 27.09.2020, in which respondents no. 4 and 5 were elected as Manager and President, respectively. The Committee of Management of the Society was recognized by the Assistant Registrar. Sub
Special appellate jurisdiction is limited to final orders; interim orders from writ petitions challenging tribunal decisions are not appealable under prevailing court rules.
Point of Law : Order passed on an application for interim relief is ordinarily not a "judgment" but it will qualify to be called ''judgment' if it affects valuable right of the party or decides an im....
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....
Interlocutory orders are not subject to appeal if they do not conclusively determine rights or issues relevant to the main case.
Maintainability of Special Appeal – Order passed under Section 24 CPC is not a judgment and appeal is not amenable on this count under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952.
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.
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