- (1.) This petition seeks the quashing of the order dated 22nd June, 2013 passed by the Assistant Registrar, Firms, Societies and Chits, Gorakhpur (hereinafter referred to as the 'Assistant Registrar') by which, pursuant to the directions issued by the Prescribed Authority on 3rd June, 2013 for holding elections under Section 25(2) of the Societies Registration Act, 1860 (hereinafter referred to as the 'Act'), the final electoral college has been determined.
(2.) It transpires from the records of the writ petition that rival claims were set up for the elections held in 2012. In one election held on 17th June, 2012, petitioner no.7-Kamal Beg claims to have been elected as Manager, while in the other election held on 11th September, 2012, Mohd. Safi claims to have been elected as Manager. The Assistant Registrar, by the order dated 22nd December, 2012, directed for registration of the office bearers of the Committee of Management in which Mohd. Safi was elected as the Manager. This order dated 22nd December, 2012 was assailed by the petitioners in Writ Petition No.2832 of 2013 which was disposed of on 18th January, 2013 with a direction, in view of the fact that the petitioners had earlier filed reference application under Section 25(1) of the Act, that the Prescribed Authority shall decide the reference strictly in accordance with law. The Prescribed Authority, by the order dated 4th March, 2013, upheld the validity of the election held on 11th September, 2012 in which Mohd. Safi was elected as the Manager. This order dated 4th March, 2013 of the Prescribed Authority was assailed by the petitioners in Writ Petition No.16278 of 2013, which petition was allowed by the judgment and order dated 20th March, 2013 and the matter was remanded to the Prescribed Authority. The Prescribed Authority, on remand, did not accept either of the two elections to be valid and directed the Assistant Registrar to hold fresh elections under Section 25(2) of the Act.
(3.) The Assistant Registrar then issued the election programme on 13th June, 2013 and also published a tentative list of 25 members with liberty to the parties to file objections. Both the parties filed objections and the Assistant Registrar ultimately by the order dated 22nd June, 2013 determined the final list of fifteen members with a rider that such members out of this list who had died in the meantime will be excluded. It is this order dated 22nd June, 2013 that has been assailed in this petition.;