Allahabad High Court High Court

Shiv Raj Singh Yadav vs The Madhyamik Shiksha Parishad … on 5 July, 2010

Allahabad High Court
Shiv Raj Singh Yadav vs The Madhyamik Shiksha Parishad … on 5 July, 2010
Court No. - 21

Case :- WRIT - C No. - 32298 of 2010

Petitioner :- Shiv Raj Singh Yadav
Respondent :- The Madhyamik Shiksha Parishad U.P. At Alld. Thru' Its
Secy.
Petitioner Counsel :- Radha Kant Ojha
Respondent Counsel :- C.S.C.

Hon'ble V.K. Shukla,J.

Petitioner claims that he is member of the society known as U.P. Madhyamik
Shiksha Parishad Karnik Sangh. Petitioner’s contention is that last valid
election of general body of the society had taken place on 20.11.2007 for one
year. Petitioner submits that said tenure has run out and Committee elected in
the election held on 20.11.2007 is not undertaking any steps for holding fresh
election, and in this regard Assistant Registrar, Firms, Societies and Chits
Fund Allahabad Region, Allahabad should intervene in the matter and make
inquiry into the matter under Section 25(2) of the Societies Registration Act,
1860.

Consequently, in case last elections have been held and tenure has been run
out, in such a situation, liberty is given to petitioner to make fresh
representation within three weeks from today before the Assistant Registrar,
Firms, Societies and Chits Fund Allahabad Region, Allahabad along with
certified copy of this order, who shall take appropriate decision in accordance
with law, preferably within period of next eight weeks from the date of
production of certified copy of this order after affording opportunity of
hearing to Shyam Lal Dubey and Rama Shabkar Pandey or any other
interested person, claiming elected in the election so held on 20.11.2007 or in
any other subsequent election.

With these observations, writ petition is disposed of.

Order Date :- 5.7.2010
T.S.