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HIGH COURT OF JUDICATURE AT ALLAHABAD
AFR
RESERVED
Special Appeal (D) No. 589 of 2016
The Committee of Management, Dadar Ashram Trust Society & Ors.
Vs.
Mahatma Gandhi Kashi Vidyapeeth, Varanasi & Ors.
WITH
Special Appeal (D) No. 628 of 2016
Committee of Management, The Dadar Ashram Trust & Anr.
Vs.
Dr. Chandrashekar Pandey & Ors.
Appearance:
For the appellants:
Mr. Radha Kant Ojha, Senior Advocate, with Mr. Shivendu Ojha, Advocate
Mr. Indra Raj Singh, Advocate
Mr. Adarsh Singh, Advocate
Mr. Prateek Bansal, Advocate
For the respondents:
Mr. C.L. Pandey, Senior Advocate, with
Mr. Rajesh Chandra Dwivedi, Advocate
Mr. C.B. Yadav, Addl. Advocate General
Mr. Shashank Shekhar Singh, Addl. CSC
Mr. Vivek Verma, Advocate
Hon'ble Dilip B Bhosale, Chief Justice
Hon'ble Ashwani Kumar Mishra, J
Hon'ble Yashwant Varma, J
JUDGMENT
(Per Dilip B Bhosale, CJ, for himself and Yashwant Varma, J)
The questions which have been referred for the opinion of the larger Bench, are whether there can be a mandamus commanding the Authorized Controller/District Magistrate to hold election of office bearers of a registered society contrary to the provisions of Section 25 (2) of the Societies Registration Act, 1860?; and in the facts of the case, in absence of determination of the electoral college in terms of the directions dated 03.10.2007 issued in Civil Misc. Writ Petition No. 48538 of 2007, whether there could be a direction to the Authorized Controller/District Magistrate to hold elections, more so when a second appeal is pending?
2. The reference order dated 03.10.2016 has been passed in Special Appeal (D) No. 589 of 2016 filed by three appellants, after seeking leave of this Court, against the order dated 13.07.2016 passed by the learned Single Judge in Writ - C No. 31246 of 2016. Special Appeal (D) No. 628 of 2016 has also been filed by two appellants challenging the very same order dated 13.07.2016, seeking leave of this Court under Chapter XXII Rule 5, Chapter IX Rule 10 and Chapter 10 Rules 1 and 7 of the Allahabad High Court Rules, 1952. In Special Appeal (D) No. 589 of 2016, along with the Committee of Management, one Shiva Kant Mishra is also an appellant, who claims to be the Manager/Secretary, Committee of Management, Dadar Ashram Trust Society, Village Dadar, Post Charawa Barawa, Sikandarpur, District Ballia (for short, 'the Trust'). In Special Appeal (D) No. 628 of 2016, apart from the Committee of Management of the Trust being the first appellant, one Dr. Phool Chand Singh is also an appellant, who claims to be the Manager of the Trust.
3. Both these appeals arise from the order dated 13.07.2016 passed by the learned Single Judge in Writ-C No. 31246 of 20161 that was filed by Dr. Chandrashekar Pandey, claiming to be the Manager of the Trust, challenging the legality of the order dated 1 July 2015 issued by the second respondent - Registrar, Mahatma Gandhi Kashi Vidyapeet, Varanasi (for short, 'the University'), requiring the concerned authority to keep the election process in abeyance. The said order was passed in pursuance of the directions issued by the first respondent.