- (1.) HEARD Sri M.A. Qadeer, Se­nior Advocate, assisted by Sri Shamim Ahmad, learned counsel for the petitioners and Sri Shashi Nandan, Senior Advocate, assisted by Sri Udayan Nandan, learned counsel for the respondent.
(2.) THE present writ petition has been filed for quashing the order dated 28.08.2010, passed by Assistant Registrar, Firms, Societ­ies and Chits, Azamgarh Region, Azamgarh (Annexure-19 to the writ petition) as well as order dated 18.09.2010, passed by the respon­dent No. 3 (Annexure-20 to the writ petition). Further, a writ in the nature of mandamus com­manding the District Minority Welfare Officer, Mau, to continue disbursing the salary of Teachers of the Madarsa. It appears that petitioner No. 1 -Anjuman Madarsa Arabia Khairul Madaris is an Institu­tion registered under the Societies Registra­tion Act governed by the registered bye laws. The Madarsa is run by the Committee of Man­agement elected by the General Body of the Society. The Committee of Management is recognized by the respondent No.3. It is also in the list of grant-in-aid and the aid is dis­bursed through District Minority Welfare Officer. According to petitioners, there were 378 members of the General Body. In the meeting of General Body held, Shamshul Huda was elected as President and Abul Hasan was elected as General Secretary/Manager, in which 85 members had taken part. Admittedly, the last election was held on 06.01.2005, in which Shamshul Huda was elected as Presi­dent and Abul Hasan was elected as Secre­tary. The Secretary has issued a list of 378 members of the General Body. On the basis of aforesaid list, the last election was held under the president-ship of Shamshul Huda, in which various office bearers were elected. A meet­ing dated 06.01.2005 of the General Body was held, in which 350 members had participated. The meeting was presided by one Haji Shamshuddin and Khaliq Ahmad was elected as President and Zameer Ahmad as Secretary. According to petitioners, the term of the Com­mittee of Management is five years. When the term was going to expire a meeting was held and it was decided to hold the election. A list of 378 members were issued in the signature of Khaliq Ahmad. The election agenda was is­sued and the election was held on 07.03.2010, in which one Ziaul Hasan was elected as Presi­dent and petitioner No.3 was elected as Man­ager/Secretary and the papers were sent to the Assistant Registrar for passing appropri­ate orders.
(3.) ACCORDING to petitioners, when Zameer Ahmad lost the said election held on 07.03.2010, he fabricated some resolution and election was alleged to be held on 21.04.2008. The minutes of same were filed before the Assistant Registrar. In the meantime, it appears that a writ petition was filed before this Court as Writ Petition No.38216 of 2010. The same was decided on 07.07.2010 by quashing the order of Assistant Registrar as well as the Dis­trict Minority Welfare Officer and the Assis­tant Registrar was directed to proceed to de­cide the matter expeditiously.;