I.M.Quddusi, J. - (1.) These are two writ petitions filed by the Committee of Management, Janta Shiksha Prasar Samiti, Pipra Pratham, district Sant Kabir Nagar through its Manager Prahlad Singh. In both the writ petitions, the petitioner has desired to restrain the respondents to hold election of the Committee of Management of the Society on the basis of the order passed by the Assistant Registrar, Firms. Societies and Chits, Gorakhpur. Since in both the cases the facts are common and the later case has been filed due to further development and in the case filed earlier being Writ Petition No. 27548 of 1998, counter and rejoinder affidavits have been exchanged, both are being disposed of by the common judgment.
(2.) Heard Sri R. N. Singh, learned Senior Advocate along with Sri S. S. Chauhan appearing for the petitioner and Sri V. K. Shukla, learned counsel appearing for the respondent No. 3 of Writ Petition No. 27548 of 1998 and respondent No. 2 of Writ Petition No. 37612 of 1998, namely. Jata Shanker Singh, as well as learned standing counsel for other respondents.
(3.) The brief facts of the case are that the society in question namely, Janta Shiksha Prasar Samity. Pipra Pratham which was earlier in the district of Basti and now it is district Sant Kabir Nagar was registered under the Societies Registration Act as a Society in the year 1973. The bye-laws of the society was framed and the term of the Committee of Management was of three years. There was no dispute regarding the election held before the year 1982, in the writ petition it has been alleged that the election was held on 11.7.1982 but this has been disputed in the counter-affidavit and it has been alleged that election was held on 24.4.1983 and the attestation was done on 17.9.1983. The registration letter issued on 29.8.1983 has also been filed as Annexure-C.A. 1 to the counter-affidavit. A copy of the attestation of signature of Jata Shanker Singh as Manager has also been filed as Annexure-CA 3 to the counter affidavit. It is alleged in the writ petition that the renewal of the registration of the society was obtained fraudulently by Jata Shanker Singh and the Assistant Registrar. Firms, Societies and Chits set aside the same vide his order dated 30.1.1984 on the basis of the papers submitted by Prahlad Singh, Manager, but the same was stayed in Writ Petition No. 2182 of 1984 filed by Jata Shanker Singh vide interim order dated 14.2.1984. It has not been disputed in the counter-affidavit that the writ petition was filed and the interim order was granted. It has been further stated that the signatures of the Jata Shanker Singh were attested once again on 21.2.1984. The attested coy of the attestation of signatures dated 21.2.1984 has been filed as Annexure-CA 6 to the counter-affidavit. The interim order was confirmed vide order dated 26.4.1985. But the said petition was dismissed for non-prosecution.;