AMRESHWAR PRATAP SAHI, J. - (1.) HEARD Sri Vashistha Tiwari, learned counsel for the petitioners, Sri A.K. Singh, who has filed a counter affidavit on behalf of the respondent no. 3 and learned Standing Counsel for the respondent nos. 1 and 2.
(2.) THE order under challenge has been passed by the Assistant Registrar, Firms, Societies and Chits, Gorakhpur dated 29th December, 2008 having proceeded to decide a dispute, which initially began on a complaint of two persons dated 1st March, 2005. The complaint was made by one Mr. Mainnuddin Siddiqui and Mr. Atim Ansari alleging that the registration of the Society has been obtained by inserting the names of such persons, who have not been elected as office-bearers by the residents of the village. The said complaint was, therefore, initially in relation to the Committee of Management that was reflected to have been constituted at the time of the registration of the Society. During the pendency of the said complaint, it appears that the petitioners submitted documents on 15th November, 2007 alleging that Mr. Ali Raj Ansari is the President of the Madrasa and that there were total nine office-bearers. On 1st December, 2007, the respondent no. 3 as President appears to have approached the Assistant Registrar for granting renewal indicating that there was a Committee of Management of 15 members in accordance with the bye-laws and, therefore, it is he who should be granted the renewal of the Society.
(3.) NOTICES were issued and it transpired that the petitioners had reflected a constitution of the Committee of Management on 17.12.2006 whereas the respondent no. 3 claimed elections to have been held on 18th November, 2007.;