Anjani Kumar, J. - (1.) Heard Sri M.D. Singh 'Shekhar', learned counsel appearing on behalf of the petitioners and the learned Sanding Counsel for respondent No. 1 as well as Sri H.N. Tripathi, learned counsel respresenting respondent No. 2.
(2.) By means of present writ petition under Article 226 of the Constitution of India, the petitioners have challenged the orders dated 26-6-1999 and 29-7-1999, passed by Assistant Registrar, Firms Societies and Chits, Allahabad, Annexure-13 and 15, respectively to the writ petition, whereby pursuance to the election held on 31-8-1997 sitting office bearers who were elected, have been removed during their term. This is why the matter has been referred to the Registrar. Being aggrieved by the order of the Registrar, the petitioners filed this writ petition in the year 1999. The period of the election held on 31-8-1997 has admittedly come to an end on 30-8-2000. Thereafter both the parties claimed that they have held fresh elections. The legality or otherwise of the fresh elections are not in question before this Court, though the parties have filed their supplementary affidavits seeking to amend this writ petition. Without entering into the merits or otherwise of the orders passed by the respondent No. 1, this writ petition is being disposed off. Admittedly on 31-8-1997 last elections were held and since the term of three years has come to an end on 30-8-2000, therefore in view of the provisions of Section 25 (2) of the Societies of Registration Act, as amended in the State of U.P. now nobody has a right to hold the election except the Registrar. In this view of the matter, the Registrar is directed to hold a fresh election after affording an opportunity to such persons who claim to be member of the society, after giving liberty to both the parties to give the names of members of general body and also to give objection to the Registrar or its nominee, who shall decide the same within a period of three months from the date of presentation of a certified copy of this order and shall thereafter hold fresh elections in accordance with law.
(3.) With the aforesaid observations, this writ petition is finally disposed of without entering into the merits of the case as this writ petition has become infructuous. The interim order, if any, stands vacated. It is made clear that the Registrar will not be bound by the orders impugned in the present writ petition. In the meantime, the District Magistrate or its nominee shall look after the affairs of the society till the fresh elections are held. Petition disposed of accordingly.;