- (1.) Heard Mr. H.G.S. Parihar, learned counsel for the petitioners, learned chief standing counsel for opposite party No. 1, Mr. M.B. Singh, learned counsel for the opposite party No. 2 and Mr. Mahendra Singh Rathore, learned advocate, who has put in appearance for opposite party No. 4 by filing Vakalatnama, which is taken on record. The petitioner has challenged the order dated 17.1.2012 (Annexure-1) as also the order dated 2.3.2012 (Annexure-2) passed by the Deputy Registrar Firm Society and Chits, Faizabad Division, Faizabad (In short, Deputy Registrar).
(2.) The learned counsel for the petitioners submits that by means of order impugned the Deputy Registrar has annulled the election of the Committee of Management of Society held on 9.1.2011 in exercise of power provided under Section 4 of the Societies Registration Act, 1860 (In short Act). It is stated that the Deputy Registrar is not vested with the jurisdiction to examine the validity of election as the same is vested with the Prescribed Authority under Section 25 of the Act. Further the finding of Deputy Registrar to the effect that President of the Society was not present in the meeting held in 9.1.2011 is absolutely incorrect. He has brought on record several affidavits of the members of the Society who have certified the presence of the President of the Society, i.e., opposite party No. 4 in the meeting of the Society held on 9.1.2011. It is further stated that he was very much present in the mid of meeting he left away. It is further submitted that he has not taken care of the members who have been inducted after the last election and arbitrarily has issued direction to hold election on the basis of the list of members available on the date of last election held on 17.1.2006.
(3.) In support of his submission, he cited the decision of this Court rendered in the case of Committee of Management v. State of U.P. and others, 2011 4 UPLBEC 2826 and submitted that in identical facts this Court has held that since Assistant Registrar has not only held the proceeding of election to be invalid but has directed for taking action by declaring the election and constitution of fresh committee, in such a situation the order passed by the Assistant Registrar cannot be sustained as it is covered to be decided under Section 25(1) of the Act by the Prescribed Authority.;