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69-06-11-2025
JUDGMENT :
SAURABH SHYAM SHAMSHERY, J.
1. Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Raj Kumar Mishra, learned counsel for the petitioners in Writ Petition No.49372 of 2013, Sri Zeeshan Khan and Sri Ali Bin Saif, learned counsel for the respondents in above referred writ petition and for petitioners in Writ Petition Nos.55196 of 2016, 10388 of 2019 and 18418 of 2023 and Sri Ashok Khare, learned Senior Counsel assisted by Sri Raj Kumar Mishra, learned counsel for the respondents in Writ Petition Nos. 55196 of 2016, 10388 of 2019 and 18418 of 2023.
2. Present bunch of Writ Petitions are arising out of a dispute regarding constitution of a Committee of Management to run an Educational Institution namely Raja Balwant Singh’s College, Agra being run by a registered Society in the name and style of ‘Balwant Educational Society’.
3. As per bye laws of aforesaid Society, it has a Board of Management, which has 9 members from State Government, a Teacher, a Principal as well as old students and 13 members are elected by the Board for a term of 5 years.
4. The dispute appears to be limited to the election of Vice President of the Board as per Clause 7 (ii) of Rules of the Societ
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 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....
A Manager of a Committee of Management cannot initiate a writ petition without prior authorization from the Committee, thus impacting the maintainability of such petitions.
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....
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....
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