V.K. Shukla, J. - (1.) PETITIONERS have rushed to this Court questioning the validity of the order passed by Assistant Registrar Firm Societies and Chits, Gorakhpur Region Gorakhpur wherein orders have been passed to hold the election of the Committee of Management of the society under Section 25(2) of the Societies Registration Act, 1860.
(2.) RECORD in question reflects that the petitioners have come with the case that elections have been held on 14.098.2009 wherein 17 incumbents have been elected, in this background and the petitioners claim that once valid elections have been held, in such a situation and in this background, by no stretch of imagination Assistant Registrar Firm Societies and Chits was competent to go into the validity of the elections and further direct for holding of the election. Assistant Registrar Firm Societies and Chits, Gorakhpur Region Gorakhpur, in the present case on the papers being submitted by the petitioners on 06.01.2011 for renewal and accepting the list of office bearers and members starting from 2005 -06 to 2010 -11 proceeded to take cognizance and thereafter issued notice to the parties concerned and on the said notice being issued incumbents who have been shown to have been elected as President, Vice President, Treasurer, Auditor as well as members have given affidavit clearly contending therein elections are forged and fictitious. Assistant Registrar Firm Societies and Chits examined the matter and found the proceedings submitted by the petitioners are fake and ingenuine and proceeded to exercise its authority under Section 25(2) of the Societies Registration Act 1860. At this juncture present writ petition has been filed.
(3.) SRI Balwant Singh, learned counsel for the petitioners contended with vehemence that in the present case dispute in question ought to have been referred to the Prescribed Authority under Section 25(1) of the Societies Registration Act, 1860, instead of non suiting the elections and exercising authority under Section 25(2) of Societies Registration Act, 1860, as such order passed is totally without jurisdiction.;