COMMITTEE OF MANAGEMENT Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the petitioner, Sri R.K. Ojha in both the writ petitions, Sri P.N. Tripathi for the contesting respondent and learned Standing Counsel on behalf of the State. The dispute relates to a society registered under the Societies Registration Act, 1960 and the same had already been agitated before this Court in view of the bone of contention between the parties in relation to electoral college of the society.

(2.) The background in which these two petitions have been filed assailing the order of the Assistant Registrar, whereby the elections of the respondents has been accepted, is that undisputedly two advertisements were issued on 22.3.1987 and 3.6.1987 for enrolling fresh members. It is also undisputed that a resolution for enrolment of members was passed on 23rd October, 1987.

(3.) The dispute is about the contents of the resolution. Learned Counsel for the petitioner contends that 239 members were enrolled under the aforesaid resolution, whereas Sri P.N. Tripathi submits that the said resolution under which the enrollment is being claimed was interpolated as resolution No. 7 and was never passed. Only 45 members had been enrolled and not 239 as alleged.