LAWS(ALL)-2007-8-315

COMMITTEE OF MANAGEMENT, BABU MOHAN DAS LAGHU MADHYAMIK VIDYALAYA, MAHRAJGANJ Vs. STATE OF U.P. AND OTHERS

Decided On August 23, 2007
Committee Of Management, Babu Mohan Das Laghu Madhyamik Vidyalaya, Mahrajganj Appellant
V/S
State of U.P. and others Respondents

JUDGEMENT

(1.) Heard Sri R.K. Ojha, learned Counsel for the petitioner, and Sri R.S. Misra for contesting respondents.

(2.) Sri Baba Mohan Das Laghu Madhyamik Vidyalaya, Hathiyagarh, Patariyhawa Laxmipur, Maharajganj is a Society registered under the Societies Registration Act running a Junior High School which has been brought on the grant-in-aid list on 2.12.2006. On 17.4.2007, this Court directed that the Assistant Registrar shall conclude the proceedings initiated under notice dated 5.5.2006 with regard to registration of the office-bearers of the Society.

(3.) By an,order dated 10.5.2007. The Assistant Registrar, Gorakhpur has registered the list of office-bearers submitted by Sri Nanda Ram the petitioner No. 2 in this writ petition. A writ petition No. 31618 of 2007 was filed by Sri Babban Chaudhary. The writ petition was dismissed giving an opportunity to Sri Babban Chaudhary that if he is aggrieved, he may approach the Prescribed Authority under Sec. 25(1) of the Societies Registration Act along with a resolution of one fourth members of the Society. Sri R.S. Misra, learned Counsel for Sri Babban Chaudhary respondent No. 6 submits that the registration of the office-bearers does not ipso facto allow the management of the institution to such person. He submits that the order in Civil Misc. Writ Petition No. 31618 of 2007 will be challenged in the Special Appeal.