RITU RAJ AWASTHI, J. - (1.) (Delivered by Hon'ble Pradeep Kant, J ). This special appeal challenges the order dated 11th August 2008 passed by the learned Single Judge by means of which the writ petition preferred by the appellants challenging the order dated 3rd July 2008 passed by the Deputy Registrar, Firms, Societies and Chits Faizabad, by means of which they have not been treated as validly enrolled members, so to say, life members of the society, has been dismissed. The relevant facts and the chronology of events is as follows.
(2.) LAUHAR Paschim Maharishi Dayanand Junior High School Society, is a society registered under the provisions of the Societies Registration Act, 1860, which runs an institution known as Paschim Maharishi Dayanand Junior High School, Sultanpur which is recognized Intermediate College. The appellants' case is that the said society was formed in the year 1976 and was duly registered under the provisions of the Societies Registration Act, 1860 (hereinafter referred to as 'the Act') with its own bye-laws and memorandum of association. The society was renewed from time to time. The Governing-body of the said society comprises of life members, ordinary members and special members. The appellants claim themselves as life members who have been illegally ousted from the list of valid members, by the Deputy Registrar, Faizabad under the impugned order which gave a cause of action to file the writ petition. According to the appellants, the last undisputed election was held on 9th July 1986 under the supervision of Sub Divisional Inspector as Election Officer. In this election 52 members participated, out of which, 45 were life members including the appellants and 7 members were other than life members. On 15th August 1990, a list was prepared containing 45 members, out of which 42 were life members as three members had died. The said list was certified by Manager and Principal of the college. On 14.10.1984, a resolution was passed by the Committee of Management for not including new members in the General Body of the society and 51 total members remained the members of General Body of the Society. In February, 1991, Raghunandan Singh respondent no. 6 and six others were illegally included as members of the society. The appellant no. 12 Virendra Pratap Singh filed a writ petition No. 43 of 1991 (MS) before this Court against the illegal inclusion of members and this writ petition was disposed of with a direction for holding election.
(3.) IN the election held on 3rd March 1991, 104 members had participated whereas the valid members of the society were only 51. Against the election dated 3rd March 1991, objections were filed by Sri Rafiq Ansari before the Assistant Registrar, Firms, Societies and Chits, Faizabad asserting that the election was held with the list of fraudulent members and the election so held cannot be said to be valid. It is not in dispute that the Assistant Registrar after examining the record passed a detailed order dated 15th June 1993 finalizing the list of 42 life members and 6 ordinary members. In this list, the names of the appellants were also shown as life members. The order passed by the Assistant Registrar on 15th June 1993 became the subject matter of challenge in Writ Petition No. 1484 (MS) of 1993 and ultimately the same was upheld by the High Court. ;