- (1.) The Petitioners have assailed the order dated 2.2.2011 passed by Respondent No. 1 - Prescribed Authority whereby the elections set up by the Petitioners have been rejected and that of the contesting Respondent Nos. 2 to 15 has been accepted. The decision impugned is an order in the exercise of powers under Sub-clause (1) of Section 25 of the Societies Registration Act, 1860.
(2.) The dispute relates to the constitution of the Committee of Management of Madarsa Jame-Ul-Uloom of which the Petitioner No. 2 - Irshad Ahmad claims himself to be the validly elected Manager. Undisputed area of facts which is also indicated in the impugned order relates to the elections which were held on 24.5.2004. One Mohd. Waish is stated to have been elected as the Manager, who is arrayed as Respondent No. 5. He along with other office-bearers was registered as the Committee of Management on 31.5.2004 before the Assistant Registrar, Firms, Societies & Chits, Azamgarh.
(3.) Mohd. Waish resigned on 2.2.2008 and on 3.2.2008 the Petitioner - Irshad Ahmad was elected to act as Manager in place of Mohd. Waish. As a consequence thereof, the signatures of Mohd. Waish were also attested by the educational authorities.;