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IN THE HIGH COURT OF ALLAHABAD
SARAL SRIVASTAVA
Ramdeo Sanskrit Mahavidylaya – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
Saral Srivastava, J.
1. Heard Sri G.K. Singh, learned Senior Counsel assisted by Sri Ramesh Chandra Tiwari, learned counsel for the petitioner, and Sri R.K. Ojha, learned Senior Counsel assisted by Sri R.M. Vishwakarma, learned counsel for the respondents.
2. The petitioner through the present writ petition has assailed the order dated 08.02.2019 passed by the Prescribed Authority/Sub Divisional Magistrate, Madhiyahu, District Jaunpur, whereby he has held that the election of the petitioner's Committee of Management of the Society, namely, Ramdeo Sanskrit Mahavidyalaya Bareri, District Jaunpur is valid.
3. It appears that there was a long-standing dispute between the parties, and several litigations have been contested by the parties. Lastly, the dispute between the parties crystallized into the order dated 25.02.2009 passed by the Assistant Registrar, Firms, Societies and Chits, Varanasi. There was one more order dated 26.11.2010 passed by the Registrar, Firms, Societies and Chits, U.P. Lucknow accepting the application for renewal of the Society based on documents submitted by Hari Nath Dubey.
4. The order dated 25.02.2009 passed by the Assistant Registrar, Firms, Societies
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 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 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.
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 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....
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.
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