Allahabad High Court
COMMITTEE OF MANAGEMENT SCHILLER INSTITUTE AND 4 OTHERSversusSTATE OF U.P. AND 10 OTHERS
- Decided
- Disposal
- Disposed off/Decided on merits
Holding
The petitioners cannot claim legal charge and must hand over the charge to the elected Committee, with the appellate authority to consider any interim stay within 15 days.
Summary
The petitioners, members of the Committee of Management of the Schiller Institute, challenged an order issued under Section 25(2) of the Societies Registration Act, 1860 by the Deputy Registrar, which directed them to hand over charge to the elected Committee and warned of police involvement. An appeal against that order has been pending since August 2025 with no hearing or interim relief. The petitioners argued that the Deputy Registrar exceeded its jurisdiction. The Court held that, because the appeal is still pending and no interim order has been made, the petitioners cannot claim legal possession of the charge. The Court directed the appellate authority to consider the petitioners' application for an interim stay within 15 days and ordered the petitioners to hand over charge peacefully, with police intervention as a last resort. The writ petition was disposed with these directions.
Issues considered
- Whether the Deputy Registrar's direction to hand over charge to the elected Committee and to involve police is within its jurisdiction under Section 25(2) of the Societies Registration Act, 1860.
- Whether the petitioners can claim legal possession of the Committee of Management's charge while the appeal is pending.
- Whether interim relief should be granted pending the resolution of the appeal.
Legislation cited
- Societies Registration Act, 1860 — s. 25(2)
Subjects
- Societies Registration Act
- Section 25(2)
- Committee of Management
- interim relief
- jurisdiction
- high court writ petition
- police intervention
- charge handover
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 36591 of 2025
Committee Of Management Schiller Institute And
4 Others .....Petitioner(s)
Versus
State Of U.P. And 10 Others
.....Respondent(s)
Counsel for Petitioner(s) : Jawahir Yadav, Sr. Advocate
Counsel for Respondent(s) : C.S.C., Saroj Giri
Court No. - 32
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Jawahir
Yadav, learned counsel for the petitioners, Sri Vaibhav Tripathi, learned
Standing Counsel for State-respondent nos.1 to 6 and Sri Prateek Rai,
learned counsel for respondent nos.7 to 11.
2. It is not in dispute that challenge to order passed under Section 25(2) of
the Societies Registration Act, 1860 of Deputy Registrar, Firm Societies
and Chits, Ghaziabad Region, Ghaziabad in regard to proceedings of
election at behest of the petitioners by way of filing an appeal is pending
before the appellate authority since August 2025 and till date no effective
hearing has took place. Even the application for interim relief is not
considered.
3. Sri Ashok Khare, learned Senior Counsel appearing for the petitioners
submits that meanwhile the Deputy Registrar, Firm Societies and Chits
has send a communication to the petitioners to hand over charge to the
elected Committee of Management and said communication is also
forwarded to police authorities so that in case of default charge would be
handed over with the help of police. He further submits that aforesaid
direction is beyond the jurisdiction of said respondent. For execution of
the orders, private respondents have other remedies but they still not have
taken recourse to any of the remedies.
4. I have considered above submissions. Since an appeal has been filed at
behest of the petitioners, which is still pending and till date there is no
WRIC No. 36591 of 2025
2
interim order, therefore, petitioners cannot claim to be legally in charge of
the Committee of Management.
5. In the aforesaid circumstances, this writ petition disposed of with a
direction that appellate authority will consider the application for interim
stay in pending appeal filed by the petitioners, if already not considered,
within a period of 15 days, after hearing all concerned parties.
Meanwhile, the petitioners are duty bound to hand over the charge to
elected Committee of Management. In case of default, the respondents
will have liberty to carry out legal permissible recourse for handing over
the charge.
6. The petitioner shall hand over charge immediately in a peaceful manner
so that any intervention of police is avoided, otherwise also it would be
the last resort.
7. Writ petition is, accordingly, disposed of with aforesaid directions.
(Saurabh Shyam Shamshery,J.)
October 28, 2025
Manish Himwan
Digitally signed by :-
MANISH HIMWAN
High Court of Judicature at Allahabad
Checking your session…