- (1.) This petition seeks the quashing of the order dated 8th July, 2013 passed by the Prescribed Authority by which the reference petition filed under Section 25(1) of the Societies Registration Act, 1860 (hereinafter referred to as the 'Act') has been dismissed as having become infructuous.
(2.) It transpires from the records of the writ petition that the petitioners filed Writ Petition No.40196 of 2009 with respect to the elections held in 2006 for constituting the Committee of Management of the Society which petition was dismissed on the ground that the petitioner had an alternative remedy of filing a reference petition before the Prescribed Authority under Section 25(1) of the Act. Reference petition was thereafter filed under Section 25(1) of the Act before the Prescribed Authority but during the pendency of the proceedings before the Prescribed Authority, respondent no.4 Puroshottam Tripathi claimed that fresh elections for constituting the Committee of Management of the Society were held on 8th August, 2010 and thereafter the said respondent moved an application before the Prescribed Authority that the reference petition had been rendered infructuous as fresh elections had been held. The petitioners filed objections to this application. The Prescribed Authority, however, by the order dated 8th July, 2013 dismissed the reference petition holding that it had been rendered infrutuous since fresh elections had been held in the meantime.
(3.) Sri Ashok Khare, learned Senior Counsel for the petitioners has submitted that dispute before the Prescribed Authority was with respect to the earlier elections held in 2006 and, therefore, even if fresh elections were held in 2010, the Prescribed Authority could not have refused to decide the reference petition on merits since the holding of the alleged elections in 2010 would depend on the validity of the elections held in 2006. It is also the submission of learned Senior Counsel that even though the Prescribed Authority had earlier sought explanation from the Manager as to why the elections were held on 8th August, 2010 when the reference petition was pending but subsequently the Prescribed Authority ignored this query and dismissed the reference petition holding it to be infructuous.;