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Uttarakhand High Court says disputes of private bodies cannot be resolved under Article 226

Team SoOLEGAL 24 Dec 2020 4:22pm

Uttarakhand High Court says disputes of private bodies cannot be resolved under Article 226

High Court of Uttarakhand while hearing a petition stated that, disputes regarding private bodies cannot be resolved under Article 226 of Indian Constitution. The Court had directed the petitioner to file this particular petition to the appropriate forum. The petitioner had claimed himself to be a member of Uttarakhand State Primary Teachers Association. This particular association is registered under Societies Registration Act, 1860.

According to the petitioner, no delegates were elected from the last election of the State Working Committee of Uttarakhand State Primary Teachers Association. However, names of certain individuals were entered in the voter list as delegates from Udham Singh Nagar. The petitioner also stated that, no renewal of registration has been done of the said society since 2015.

Justice Manoj K. Tiwari was hearing the petition and was of the view that, the State Working Committee of Uttarakhand State Primary Teachers Association is a private body and it is being registered under Societies Registration Act, 1860, hence, all types to disputes relating to the said private body cannot be resolved under Article 226 of Indian Constitution.

However, the Court had given the liberty to the petitioner to make representation to a proper forum and had ordered the Registrar to consider such representation if that representation is being made within two weeks from the date of this order. The Registrar must take a decision, in conformity with the statute, immediately, within four months from the date of receipt of the representation, along with a certified copy of the order.



Tagged: Uttarakhand High Court   Article 226   Indian Constitution   Primary Teachers Association   Societies Registration Act  
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