S.P.MEHROTRA, J. - (1.) THE petitioners have filed the present writ petition under Article 226 of the Constitution of India, inter alia, praying for quashing the order dated 13.12.2005 (Annexure -10 to the writ petition) passed by the Deputy Registrar, Firms, Societies and Chits, Kanpur (respondent No. 2) whereby the papers submitted by the petitioners regarding the elections allegedly held on 28.11.2004 were disapproved and the papers submitted by the respondent No. 4 regarding the elections allegedly held on 31.7.2004 were approved, and further, for directing the respondents to approve the papers submitted by the petitioners in regard to the election dated 28.11.2004 and to recognize the same.
(2.) IT is, inter alia, averred in the writ petition that in District -Kanpur Dehat, there is a registered society under in name of Anjuman Madarsa Zeenatul Islam (hereinafter also referred to as "the society in question"), which is governed by the provisions of the Societies Registration Act, 1860; and that the said society runs and manages the institution Anjuman Madarsa Zeenatul Islam, Amrodha, Kanpur Dehat; and that the said society has its registered bye -laws in accordance therewith the management of the society is governed. Copy of the bye -laws of the society in question has been filed as Annexure -1 to the writ petition. A perusal of the said bye -laws shows that the term of the Committee of Management is specified for a period of three years, which may be extended or reduced for a period of six months in special circumstances by the President of the society in question; and that the election of the Committee of Management shall be conducted by the General Body of the society in question, and the maximum number of the office bearers will be ten; and that the President has been given power in special circumstances to convene the meeting of the General Body and the Committee of Management and to adjourn such meeting. Averments in this regard have been made in paragraphs 6,7 and 8 of the writ petition.
(3.) IT is, inter alia, further averred in the writ petition that the elections of the Committee of Management of the society in question took place on 1.6.2001; and that in the said election, the Committee of Management with Mohd. Bachchan (petitioner No. 3) as the President, Mohd. Ibrahim (respondent No. 4) as the Manager and Mohd. Rizwan as the Treasurer were elected; and that the papers regarding the said election were submitted before the Deputy Registrar, Firms, Societies and Chits, Kanpur (respondent No. 2) and based thereon the Deputy Registrar (respondent No. 2) registered the list of office -bearers for the year 2001 -02. Copy of the list of office -bearers registered by the Deputy Registrar, Firms, Societies and Chits (respondent No. 2) has been filed as Annexure -2 to the writ petition.;