- (1.) Awadh Jan Kalyan Samiti, Khalil Sharki, Shahjahanpur (hereinafter referred to as the ''Society") and two others namely Brijesh Chandra Pathak and Smt. Suman Bajpayee claiming themselves to be the Secretary and Manager of the Society have filed this petition for setting aside the order dated 19th November, 2009 passed by the Assistant Registrar, Firms, Societies and Chits, Bareilly (hereinafter referred to as the ''Assistant Registrar") by which the amendments made in the Bye-laws of the Society on 19th October, 2004 have not been accepted and a direction for holding fresh elections of the Committee of Management of the Society in accordance with the original Bye-laws from amongst the 12 original members has been issued.
(2.) The Society was registered under the provisions of Societies Registration Act, 1860 (hereinafter referred to as the ''Act") on 20th March, 1998. The registration was initially for a period of five years and papers for renewal of the registration of the Society were submitted before the Assistant Registrar and it was renewed on 25th April, 2003 for five years w.e.f. 23rd April, 2003. At the time of registration of the Society in 1998 there were 12 members in the Society.
(3.) The dispute is about the elections of the Committee of Management of the Society held in 2007. The Assistant Registrar by the order dated 29th September, 2007 referred the dispute to the Prescribed Authority under Section 25(1) of the Act as papers for registration of the office bearers were submitted by two Committee of Managements. This order of reference was challenged by the Society through its Secretary Rajeev Kumar Mishra in Writ Petition No. 20866 of 2008. This petition was dismissed by the judgment and order dated 23rd April, 2008.;