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SURESH KUMAR CHANCHAL versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Suresh Kumar Chanchal v. State Of U.P. And Others - WRIT - C No. 17778 of 2006 [2006] RD-AH 7392 (5 April 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Vineet Saran,J

By means of this writ petition the petitioner has challenged the order dated 12.7.2005 passed by Respondent no.2 whereby his application has been rejected. A further prayer has been made for a direction to the Respondent no.2 to dissolve the management committee of the Society and appoint a Receiver.

On being asked, the learned counsel for the petitioner could not point out as to under which provision of law a single member of the Society can move an application for the dissolution of the society. The only provision which has been placed before me is section 13 of the Societies Registration Act,1860 under which at least 3/5th of the members of any Society may determine that it shall be dissolved. It is not the case of the petitioner that any such resolution or application had been filed by 3/5th members of the society. As such, the petitioner has not been able to make out a case for grant of prayer for dissolution of the society at the instance of an individual member.

Even otherwise, no illegality has been pointed out in the impugned order dated 12.7.2006. Findings of fact have been recorded by the said order, which appear to be justified, and as such, I do not find any good ground for interference with the impugned order.

This writ petition is, accordingly, dismissed. No order as to cost.

Dt/- 5.4.2006

dps

w.p.17778.06


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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