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C/M. Janta Poorva Madhyamik Vidyalaya Mednipur Thru' Manager v. State Of U.P. And Others - WRIT - C No. 76085 of 2005 [2006] RD-AH 14279 (24 August 2006)


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                                                                               Court No.38

Civil Misc. Writ Petition No. 76085 of 2005

Committee of Management Janta Poorva Madhyamik Vidyalaya Mednipur, Mahrajganj & another   Vs.    State of U.P. and others

Hon'ble Vineet Saran, J

Heard learned counsel for the petitioners as well as learned Standing counsel appearing for Respondents no. 1, 2 and 3 and Sri G.K.Singh for Respondent no.4. Counter and rejoinder affidavits have been exchanged and with consent of the learned counsel for the parties, this writ petition is being disposed of at this stage.

The prayer made in this writ petition is for a direction to the Assistant Registrar, Firms, Societies and Chits, Gorakhpur, Respondent no.2, to accept the renewal fee of the registration certificate and also renew the registration certificate of the petitioner's society and further direct the respondent no.2 to club the petitioner's election dated 16.10.2005 with earlier election dispute in pursuance of the reference of the respondent no.2 dated 19.4.2004 and decide them together.

It has been contended by the learned counsel for the petitioners that with regard to the elections held in the year 2002 a dispute was raised by the petitioners and on 19.4.2004 the same was referred by the Respondent no.3 to the Prescribed Authority, Respondent no.3, under section 25(1) of the Societies Registration Act, which matter is still pending before the said Respondent no.3. The petitioner claims that fresh elections of the Committee of Management have already been held in 2005 and thus the dispute regarding elections of 2002 may be clubbed along with the dispute of the elections of 2005 and may be decided together by the Prescribed Authority.

There is no provision in law to club the two disputes for decision before the Prescribed Authority. The earlier dispute which was referred, was regarding the elections of 2002 and after three years the term of elected office bearers have already expired in 2005, fresh elections have taken place. As such the said matter referred earlier has become infructuous. In case if the petitioner has any dispute with regard to the fresh elections held in the year 2005, he may approach the Respondent no.2 with regard to such grievance who shall thereafter pass appropriate order, in accordance with law, after giving opportunity of hearing to the parties concerned.

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

Dt/- August 24, 2006




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