Muneshwar Vedang Vidyalaya v. State of Uttarakhand
2014-09-24
SUDHANSHU DHULIA
body2014
DigiLaw.ai
Judgment Sudhanshu Dhulia, J. (Oral) 1. Mr. H.N. Tripathi, Advocate, present for the petitioner. 2. Mr. T.P.S. Takuli, learned Brief Holder, present for the State/respondent nos. 1 & 2. 3. Mr. Dharmendra Barthwal, Advocate present for the respondent no. 3. 4. The petitioner has challenged the order dated 08.09.2014, passed by the Deputy Registrar, Firms, Societies and Chits, Dehradun. The matter relates to the effective control of a society which administers a Sanskrit Mahavidhyalaya. 5. According to the petitioner, the State authority/Deputy Registrar, Firms, Societies and Chits, Dehradun has sent the list forwarded by one party to the Registrar of Uttarakhand Sanskrit University for conducting the election as per that list. 6. According to the petitioner, since there was another list supplied by the petitioner which claims to be the list of the office bearers of the Management Committee, the matter ought to have been referred to the Prescribed Authority under Section 25 of the Societies Registration Act. The Deputy Registrar has no authority to pass such order dated 08.09.2014. 7. Prima facie, the contention of the learned counsel for the petitioner appears to be correct. 8. In view thereof, until further orders of the court, the operation and effect of the order dated 08.09.2014 (Annexure No.1 to the writ petition), passed by the respondent no.2 is hereby stayed. 9. Respondents shall their counter affidavit within three weeks. One week time thereafter is granted to the petitioner to file rejoinder affidavit. 10. List this matter on 28.10.2014 in the daily cause list. 11. Stay application (CLMA) No.10625 of 2014 stands disposed of.