Arun Tandon, J. - (1.) Heard Sri Mithilesh Kumar Tiwari, learned counsel for the petitioners, Sri Ashok Khare, senior advocate, assisted by Sri V.K. Agarwal, learned counsel for the respondent Nos. 2, 3 and 4 and learned standing counsel for the respondent Nos. 1 and 5.
(2.) Committee of Management of Janta Vidyalaya Samiti, Mahamaya Nagar through its President, Sri Ajant Singh and one Sri Neeraj Yadav have filed this writ petition against the order of the Deputy Registrar. Firms, Chits and Societies, Agra, dated 19th November, 2003 whereby, after adjudicating upon the rival set of elections, he has proceeded to hold that the elections dated 30th June, 2003, are legal and valid and, therefore, had directed that the list of office bearers submitted in pursuance of the aforesaid elections be registered under Section 4 of the Societies Registration Act.
(3.) It is contended on behalf of the petitioners that the aforesaid order of the Deputy Registrar dated 19th November, 2003 is without jurisdiction inasmuch as there was a bona fide dispute between two rival set of office bearers on the' basis of two elections first held on 18th July, 2003, wherein the petitioners, namely, Sri Ajant Singh was elected as President and Sri Neeraj Yadav as Vyavasthapak/Manager (elections of the petitioners). The other set of elections are alleged to have taken place on 30th June, 2003, in which Sri Hari Prasad Yadav was elected as President, Sri Brijesh Kumar as Secretary and Sri Bharat Singh Vyavasthapak/Manager. The said dispute could have been adjudicated upon by the Prescribed Authority under Section 25 (1) of the Societies Registration Act and the Deputy Registrar was under legal obligations, to have referred the dispute to the Prescribed Authority under Section 25 (1) of the Societies Registration Act. Reliance, in support of the contention has been placed upon the judgments of this Court in Committee of Management v. Secretary, Arya Kanya Inter College, (1999) 2 UPLDEC 77; Sitaram Rai and Ors. v. Additional Registrar, Firm, Societies and Chits, Gorakhpur Division, Gorakhpur and Ors. 2003 (5) AWC 4159 : 2003 (3) ESC 1617 (All).;