Court No. - 41
Case :- WRIT - C No. - 19590 of 2019 Petitioner :- C/M Mahatama Gandhi Ucchatar Madhyamik Vidyalaya And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Pratap Yadav Counsel for Respondent :- C.S.C.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
Learned counsel for the petitioners has submitted that there is an institution, namely, Mahatma Gandhi Ucchatar Madhyamik Vidyalaya Japtapur, District Jaunpur, duly registered under the Societies Registration Act, 1860 (hereinafter referred to as Act, 1860). The last election of Committee of Management was held on 29.7.2018 and outgoing President of Society has sent an application dated 31.7.2018 alongwith list of office bearers of the election held on 29.7.2018 to the Assistant Registrar for registration under Section 4 of the Act, 1860, but till date, same has not been decided. Lastly, he submitted that suitable direction may be issued to the respondent no.3 to consider the application of the petitioners dated 31.7.2018 and register the list of office bearers under Section 4 of Act, 1860.
Learned Standing Counsel has submitted that the application of the petitioners dated 37.7.2018 for approval of list of office bearers shall be decided shortly in accordance with law.
Considering the facts and circumstances of the case, this writ petition is disposed of with a direction to the respondent no.3 to consider and decide the application of the petitioners dated 31.7.2018 strictly in accordance with law after providing opportunity of hearing to the persons having interest in the society, if any, maximum within a period of two months from the date of production of certified copy of this order.
It is made clear that the Court has not adjudicated the matter on merits. It is upon the respondent no. 3 to decide the application of the petitioners after considering the facts of the case as well as provisions of Act, 1860 occupying the field.
Order Date :- 31.5.2019 Rmk.