Bijendra Singh And 8 Others vs State Of U P And 5 Others
2023 Latest Caselaw 15557 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:107166-DB
 
Court No. - 29
 
Case :- SPECIAL APPEAL No. - 273 of 2023
 
Appellant :- Bijendra Singh And 8 Others
 
Respondent :- State Of U P And 5 Others
 
Counsel for Appellant :- Prabhakar Awasthi,Shailesh Kumar Shukla
 
Counsel for Respondent :- C.S.C.,Birendra Kumar,Shreya Gupta
 
Hon'ble Mrs. Sunita Agarwal,J.

Hon'ble Vikas Budhwar,J.

Having heard the learned counsels for the parties and perused the record, noticing that the dispute in the writ petition was with regard to the decision of the Assistant Registrar, Firms, Societies and Chits, Saharanpur dated 25.05.2023 whereby the Assistant Registrar invalidated the suspension of the private respondents/appellants herein as members of the Society and thereby disapproved the elections set up by the writ petitioners by exclusion of the appellants/private respondents from the electoral college. It is noted by the learned Single Judge that the competent authority to adjudicate the validity of election including the dispute relating to the composition of the electoral college/membership is the prescribed authority under Section 25(1) of the Societies Registration Act, 1860. However, instead of relegating the matter back to the prescribed authority, the order passed by the Assistant Registrar has simply been set aside allowing the writ petition without entering into the merits of the dispute raised by the writ petitioners.

The learned counsels for the parties are in agreement to the extent that the prescribed authority is the competent authority to decide the dispute raised in the writ petition, in accordance with the provisions of Section 25(1) of the Societies Registration Act, 1860.

For the aforesaid, without entering into the claims of the appellants herein, the appeal is disposed of, modifying the judgment and order dated 05.04.2023 passed by the learned Single Judge to the extent that the matter be relegated to the Prescribed Authority to decide the dispute pertaining to the election set up by the writ petitioners and exclusion of the private respondents/appellants herein from the electoral college strictly in accordance with law. The validity of the order passed by the Assistant Registrar dated 25.02.2023 shall also be examined by the prescribed authority.

The appeal is disposed of, accordingly.

Order Date :- 17.5.2023/P Kesari