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HIGH COURT OF JUDICATURE AT ALLAHABAD
SAURABH SHYAM SHAMSHERY
Committee Of Management Baba Raghunandan Das Vidyalay Vaishnav Nagar – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
SAURABH SHYAM SHAMSHERY, J.
1. This is a bunch of two writ petitions whereby same order is under challenge, i.e., an order dated 23.01.2026 passed by Deputy Registrar, Firms, Societies and Chits, Kanpur Region, Kanpur.
2. First writ petition, being Writ-C No. 10721 of 2026 was filed on 12.03.2026 by Committee of Management, Baba Raghunandan Das Vidyalay Vaishnav Nagar, Billhor, Kanpur Nagar through its President, Dr. Rajendra Katiyar and it is supported by an affidavit sworn by one, Gyanendra Awasthi declaring himself to be a pairokar without any further declaration that under what capacity he is connected with petitioners’ Committee of Management. The writ petition is accompanied by a resolution dated 08.02.2026 whereby the said deponent was authorized to do pairavi. There is an earlier resolution dated 02.09.2025 whereby Dr. Rajendra Katiyar was authorized to file writ petition instead of Sri Ashok Kumar Katiyar, the Manager of Committee of Management.
3. Second writ petition, being Writ-C No. 13322 of 2026 was filed on 28.03.2026, i.e., subsequent to above referred writ petition by same Committee of Management but now through its Manager, Ashok Kumar Katiyar. This writ pe
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....
Section 4-B of Act, 1860, Registrar is not supposed to make adjudication of dispute of correctness of membership like a Court but whenever a list is submitted or there is any change in the list of me....
The Assistant Registrar lacked jurisdiction to review prior decisions regarding membership induction, and the failure to notify affected members violated natural justice principles.
The principles of natural justice must be adhered to in administrative decisions, particularly when such decisions have civil consequences, ensuring that all affected parties are given a fair opportu....
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 absence of proper notice for the meeting invalidated the resolution passed, supporting the Deputy Registrar's decision.
Vacancies in society leadership require legally conducted elections under the Societies Registration Act.
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