SATISH KUMAR SHARMA Vs. COMMITTEE OF MANAGEMENT

JUDGEMENT

(1.) These are two special appeals, which have been heard together. Though they arise out of two different orders passed by the learned Single Judge, but the order challenged in Special Appeal No. 918 of 2009 being dependent upon the order passed in Special Appeal No. 919 of 2009, both the appeals are being disposed of by a common order.

(2.) Special Appeal No. 919 of 2009 challenges the order dated 1.12.2009, passed by the learned Single Judge in writ petition No. 4739 of 2008 (M/S), by means of which he has set aside the order passed by the prescribed authority (Sub Divisional Officer, Kunda, District Pratapgarh) dated 29.7.2008 recognizing 21 members of the general body of the society on the basis of a compromise, while in Special Appeal No. 918 of 2009, the order dated 1.12.2009, passed by the learned Single Judge is under challenge, by means of which he has allowed the writ petition bearing No. 3369 of 2009 (M/S) and has set aside the order verifying the signature of Satish Kumar Sharma as elected manager of the institution. In this writ petition, a further relief was claimed for getting the election held afresh.

(3.) A preliminary objection has been raised by the learned Counsel for the Respondents that special appeal No. 919 of 2009 against the order passed by the learned Single Judge in the writ petition preferred against the order passed by the prescribed authority under the Societies Registration Act is not maintainable under Chapter VIII Rule 5 of the Rules of the Court.