- (1.) All these writ petitions are basically against same order and with same relief they have been clubbed and are being decided under this judgment. Under the order of the High Court passed in Special Appeal No. 604 of 2011 dated 26.4.2011, the dispute pertaining to the electoral college for holding fresh elections of the office bearers of the society registered in the name and style of Dugdheshwar Nath Vidyalaya Society, Rudrapur, Deoria was directed to be examined by the Deputy Registrar, Firms Societies and Chits, Meerut after affording opportunity of hearing to the parties concerned. The Deputy Registrar, Firms Societies and Chits, Meerut under the order impugned dated 23.8.2011 has held that the elections under Section 25(2) of the Societies Registration Act, 1960 are to be held from 275 members as per the list submitted by Badri Narayan Jaiswal, as was in existence prior to the date on which dispute had arisen. It is against this order that the present writ petition has been filed.
(2.) A writ Court while entertaining the present writ petition on 9.9.2011 after noticing the rival contentions was pleased to pass an interim order, whereby it was directed that the process of election may be completed, but the result of the elections shall not be declared, except with the leave of the Court. The interim order has continued till date.
(3.) On behalf of the petitioner, it is specifically contended that the documents which were filed by the opposite parties said to be the original documents were never made known to the petitioner, nor any opportunity was afforded to controvert the same. For the purpose reliance is placed upon paragraphs No. 34, 35 and 36 of the writ petition, which read as follows: 34. That in compliance of the order passed by this Hon'ble Court dated 26.4.2011 the Assistant Registrar proceeded to decide the matter and a notice was issued for haring in the matter on 6.6.2011 and on the said date Sri. Hriday Narain Shukla made a request for granting some time and other said basis date was fixed for 22.6.2011 which was extended for 6.7.2011 and subsequently the same was fixed for 13.7.2011. It is relevant to point out here that on 22.6.2011 and 6.7.2011 no hearing was taken place and on the date fixed i.e. 13.7.2011 the petitioner No. 2 appeared before the Assistant Registrar but on that date Sri Hriday Narain Shukla has appeared and made a request for fixing other date upon which the date was fixed for 1.8.2011 by notice dated 15.7.2011. The petitioner appeared on 1.8.2011 and filed a detailed objection which contains 146 pages and also made a request to the Assistant Registrar to provide the copy of the objection filed by rival parties. On the said date i.e. 1.8.2011 the copy of the objection filed by the respondent No. 5 to 9 was not supplied by the Deputy Registrar, Meerut and date was fixed for 12.8.2011. Photo stat copy of the notice dated 15.7.2011 alongwith the reply filed by the petitioner No. 2 on 1.8.2011 are collectively being filed as Annexure 17 of the writ petition. 35. That on 12.8.2011 the petitioner was busy in some personal ceremony, therefore he filed an application on 11.8.2011, which was received by the office of the Assistant Registrar for fixing any other date. 36. That without considering the application filed by the petitioner on 11.8.2011 no date was fixed by the Assistant Registrar after 12.8.2011 and apart from this on the request made by the petitioner for providing the copy of the objection filed by the other claimants, has not been provided to the petitioner. In reply to the averments so made in the writ petition, respondent No. 5 has filed counter-affidavit and in paragraphs No. 23 and 24 of the counter-affidavit it has stated that the said paragraphs need no comments. Paragraphs 23 and 24 of the counter-affidavit filed by respondent No. 5 read as follows: 23. That the contents of para 32, 33, 34, 35 of the writ petition are matter of record hence need no comments. 24. That the contents of para 36 and 37 are not related to the deponent.;