Arun Tandon, J. - (1.) Heard Sri R. K. Pandey advocate on behalf of the petitioner, Sri Atul Kumar advocate counsel for the caveator-respondent No. 4 and learned standing counsel on behalf of respondent Nos. 1, 2 and 3.
(2.) Madarsa Qamrul Uloom Islamia Samiti Kakrala, Budaun, is a society duly registered under the Societies Registration Act with Registration No. 456/1991-92. The said society has established a Madarsa in the name and style of Madarsa Qamrul Uloom Islamia Samiti Kakrala, Budaun. According to petitioner, the said Madarsa is recognized under the provisions of U. P. Ashashkiya Arbi Tatha Farsi Madarson Ki Manyata Niyamawali, 1987. The institution as well as the society is managed by the duly elected office bearers in accordance with the registered byelaws of the society. The term of the elected office bearers is 5 years.
(3.) According to the petitioner, fresh elections of the Committee of Management took place on 10th September, 2001. In the said elections it is claimed that Sri Rafi Ahmad Khan has been elected as the Manager. During the subsistence of the term of the said alleged committee, Sri Zeeshan Khan son of Sri Danish Ali Khan, claiming himself to be the President, is said to have convened a meeting on 10.5.2002, in which elections have taken place and the list of office bearers was registered by the Assistant Registrar on 19th June, 2004, on the basis of the documents submitted by Sri Zeeshan Khan-respondent No. 4 on 27th May, 2004, without notice and opportunity to the petitioner and without following the procedure prescribed under Section 4 of the Societies Registration Act.;