- (1.) Heard Sri M.A. Qadir, Senior Advocate assisted by Sri Shamim Ahmad, Advocate for the appellants, and Sri Ashok Khare, Senior Advocate assisted by Sri W.A. Siddiqui, for opposite party No. 4, Sri M.S. Pipersenia and Dr. Y.K. Srivastava, Standing Counsel, appearing for opposite party No. 1, 2 and 3. This special appeal is directed against the order and judgment dated 5.5.2010 passed by Hon'ble Single judge in Civil Misc. W.P. No. 21478 of 2010.
(2.) The writ petition was filed by Jamia Rizviya Merajul-Uloom, Chilmapur, District Gorakhpur, hereinafter referred to as 'the Society' through its Secretary/Manager Mohd. Fakhruddin Khan son of Farzand Ali, and Mohd. Fakhruddin Khan, claiming himself to be the Secretary/Manager, for setting aside the order dated 27.3.2010 passed by the Assistant Registrar, Firms, Societies and Chits, Gorakhpur, herein after referred to as 'the Assistant Registrar'. By this order, the Assistant Registrar did not approve the papers submitted by petitioner Mohd. Fakhruddin Khan and respondent No. 4 Karimullah Khan, regarding constitution of the Committee of Management of the Society and did direct that the election of the Committee of Management of the Society be held under section 25(2) of the Societies Registration Act, 1860. From the list of forty five members of the general body of the Society after excluding Mohd. Fakhruddin Khan shown at serial No. 17 and has nominated District Minority Welfare Officer, Gorakhpur as the Election Officer for holding the election.
(3.) In nutshell the facts of the case are that the 'society' runs a Madarsa known as Jamia Rizviya Merajul Uloom, Chilmapur, District Gorakhpur, which is a duly recognized Madrasa and is also in the list of grant-in-aid of the State Government. The term of the office bearers of the society is five years and it is renewed from time to time. The last renewal was made on the application dated 8.11.2006 submitted by Farzand Ali, the father of the petitioner No. 2. Thus the certificate of renewal was granted on 15.11.2006 for a period of 5 years which is operative up to 7.8.2011.;