HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL DEFECTIVE No. - 976 of 2025 Committee of Management of Madhuban Shiksha Samiti and another .....Appellant(s)

Versus State of U.P. and 5 others .....Respondent(s)

Counsel for Appellant(s) : G.K. Singh (Sr. Adv.) with Utsav Singh, Hritudhwaj Pratap Sahi Counsel for Respondent(s) : Meenakshi Singh, AC.S.C., Vinod Kumar Pandey, Ashutosh Ganguli Chief Justice's Court HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE KSHITIJ SHAILENDRA, J.

1. Heard Shri G.K. Singh, learned Senior Counsel assisted by Shri Utsav Singh, appearing for the applicants-appellants, learned Standing Counsel for respondents no. 1 and 2 and Shri Vinod Kumar Pandey, learned Counsel appearing for respondents no. 4, 5 and 6.

2. The present intra-court appeal is directed against the order dated 09.10.2025, whereby the learned Single Judge has disposed of Writ-C No. 34322 of 2025 (Committee of Management Madhuban Shiksha Samiti and 2 others Vs. State of U.P. and 3 others) filed by the private respondents and set aside the order dated 12.06.2025 passed by the Assistant Registrar, Firms, Societies and Chits, Agra with an observation that legal consequences shall follow. Learned Single Judge has also sent the matter to the Registrar, Firms, Societies and Chits, Agra Region, Agra to proceed further in accordance with law.

3. An application supported by affidavit, seeking leave to file appeal has been filed stating therein that under the orders dated 12.06.2025 and 19.06.2025 impugned in the writ petition, it was applicant-Committee of Management that was recognized as the valid Committee of the Society and though it was a necessary party, it was not impleaded as a respondent in the writ petition and, therefore, leave to file appeal be granted.

4. Submission has been made that in the array of the writ petition, though the Manager and President of the Committee were impleaded in their personal capacity, the writ petition, in absence of Committee of Management as a party thereto, was defective and though such argument was advanced before the learned Single Judge, the order was reserved after hearing the parties but the said aspect has not been dealt with while disposing of the writ petition.

5. Having heard learned counsel for the parties, we find substance in the submissions made and, in view of the fact that the order impugned in the writ petition was passed in furtherance of an order dated 01.08.2024 passed by this Court in Writ-C No. 22711 of 2024 filed by the applicant- appellants, non-impleadment of the Committee was a fatal defect in the writ petition.

6. In view of the above, the application for leave to file appeal is allowed The applicants are granted leave to file the present appeal.

Order on Appeal

7. Learned Senior Counsel appearing for the appellants has made submissions that at an earlier point of time, a list of members/office bearers of the appellant-Committee of Management was registered, however the same was illegally cancelled by the Assistant Registrar by an order dated 26.06.2024 with a direction for filling the vacancies in accordance with the provisions of the Bye-laws of the Society. The said order was set aside by this court vide order dated 01.08.2024 passed in the appellants’ Writ-C No. 22711 of 2024 mainly on the ground of violation of principles of natural justice and the matter was remanded back to the Assistant Registrar to decide the same afresh.

8. Submission has been made that pursuant to the said order of the writ court, the Assistant Registrar, after making extensive analysis of the rival claims and the material available on record, rejected the complaints filed by the respondents and directed registration of appellants' list of office bearers for the year 2025-26 by an order dated 12.06.2025. It is contended that without recording any finding on the rival contentions qua office bearership, the writ petition has been decided in a cursory manner discussing those aspects which did not form subject ma