Shishir Kumar, J. - (1.) Heard Sri Ashwani Mishra, learned Counsel for the petitioner and Sri P.N. Saxena, learned Senior Advocate assisted by Sri R.M. Vishwakarma, learned Counsel for the respondents.
(2.) The petitioner has filed the present writ petition against the order dated 13.10.2010 passed by Assistant Registrar by which on the basis of directions issued by this Court, he has recorded a finding regarding validity of the valid members and has directed to hold the election under Sec. 25(2) of the Societies Registration Act.
(3.) Brief facts arising out of the present writ petition are that there is a society known as Junior High School Vidhmaua Pokhara, district -Jaunpur registered under the Societies Registration Act on 9.12.1953. The Society decided to run an educational institution after framing the bye -laws. The last election of the Committee of Management of the Society was held on 31.12.2004 and thereafter no election of the Committee of Management was held. The Assistant Registrar issued a notice to the respondents along with the office bearers of the Committee of Management to submit a reply regarding the validity of 94 members of the General Body. Respondent No. 3 Sri Adya Prasad Pandey has submitted a reply along with the affidavit dated 26.9.2009 that the election of Committee of Management of Subhash Upadhyay is forged and fabricated and as such the Assistant Registrar issued notice to the petitioner to submit the entire record. In pursuance of the notice, an order was passed by the Assistant Registrar, that was under challenge before this Court by filing Writ Petition No. 47080 of 2010 which was finally decided by this Court and this Court has confirmed the order of the Assistant Registrar to this extent that the order passed by the Assistant Registrar regarding the fact that both the election held by the rival committee was on the waste papers, therefore, the Assistant Registrar was correct in holding to hold the election under Sec. 25(2) of the Societies Registration Act. As regards the validity of the membership of the General body amongst whom the election has to be held, the Court has directed the Assistant Registrar to take a step to finalise the list of members after inviting objections and after giving opportunity to the parties. The operative portion of that order passed by the Court dated 10.8.2010 is quoted below: Let the Assistant Registrar take steps or publishing a tentative list of the members and inviting elections, if objections are filed by the petitioner or by other persons the same shall be considered by means of reasoned and speaking order and thereafter the Electoral College shall be finalized. The exercise may be completed within a month. It is clarified that after the Assistant Registrar from the finalizes the elected college, fresh elections shall be taken place within a month, thereafter. Parties are at liberty to challenge the elections college so determined after the elections are over. Writ petition is disposed of subject to the direction issued above.;