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Arya Pratinidhi Sabha Thru Pres. ... vs State Of U.P Thru Secy ...

High Court Of Judicature at Allahabad|30 July, 2019

JUDGMENT / ORDER

1. Heard learned counsels for parties.
2. These are three writ petitions pending before this Court with regard to the dispute of the same society, hence, all are being connected and decided together. First Writ Petition No.10563 (M/S) of 2017 is filed by Sri Devendra Pal Verma claiming himself to be the president of Arya Pratinidhi Sabha, challenging the order dated 09.11.2016 whereby Deputy Registrar, Firms, Societies and Chits, Lucknow has held Sri Devendra Pal Verma not be president of the society and restrained him from working as president. Second Writ Petition No.1829 (M/S) of 2017 is filed by Dr. Dheeraj Singh challenging the order dated 16.01.2017. By the said order, the Deputy Registrar, Firms, Societies and Chits, Lucknow has given the charge of the post of president in place of Dr. Dheeraj Singh to Smt. Gyatri Dixit, vice president of the Society. Third Writ Petition No.7613 (M/S) of 2017 is again filed by Dr. Dheeraj Singh challenging the order dated 30.03.2017 whereby the Deputy Registrar, Firms, Societies and Chits, Lucknow has passed an order staying the expulsion of the membership of Sri Devendra Pal Verma (earlier president of the society).
3. Learned counsels for both the parties agree that so far as the dispute with regard to membership is concerned, the same can only be decided by the Deputy Registrar, Firm, Societies and Chits, Lucknow, as same involves number of questions of fact. They pray that the Deputy Registrar may decide the entire dispute after hearing all the parties concerned and considering all the submissions raised by the parties concerned.
4. So far as impugned orders dated 09.11.2016, 16.01.2017and 30.03.2017 are concerned, counsels for both the parties agree that the aforesaid order may be set aside. However, the issue as to whether Sri Devendra Pal Verma is entitled to hold any post in the society or not be left to be decided after decision of the Deputy Registrar with regard to membership.
5. In view of aforesaid, following order is being passed:-
(i) The impugned orders dated 09.11.2016, 16.01.2017 and 30.03.2017 are set aside.
(ii) All the parties may approach the Deputy Registrar, Firms, Societies and Chits, Lucknow within a period of two week from today raising all their submissions including with regard to membership of Sri Devendra Pal Verma and Smt. Gaytri Dixit. The said matters shall be decided by the Deputy Registrar by a reasoned and speaking order, in accordance with law, after hearing all the parties concerned, within a period of two months from the date a certified copy of this order is placed before him.
(iii) It is provided that authority of Sri Devendra Pal Verma to hold any post including the post of president in the society will depend upon the final order passed by the Deputy Registrar, Firms, Societies and Chits, Lucknow with regard to membership.
(iv) Till final decision of the Deputy Registrar, parties shall maintain status-quo.
6. With the aforesaid, all these writ petitions are disposed of.
Order Date :- 30.7.2019 Arti/-
(Vivek Chaudhary,J.)
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Title

Arya Pratinidhi Sabha Thru Pres. ... vs State Of U.P Thru Secy ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
30 July, 2019
Judges
  • Vivek Chaudhary