Arun Tandan, J. - (1.) -Heard Shri Ashok Khare, senior advocate, assisted by Sri S. C. Shukla advocate, on behalf of petitioners, standing counsel on behalf of respondent Nos. 1 and 2 and Sri Gajendra Pratap advocate on behalf of respondent No. 3.
(2.) SHRI Arya Mahila Hitkarini Maha Parishad, Lahurabir, Varanasi, is a duly registered society under the Societies Registration Act, 1860 (hereinafter referred to as the Act). The said society is run and managed in accordance with the registered byelaws of the society which also lay down the procedure for election of its office bearers. On the basis of rival elections held in the year 1992 two lists of office bearers were submitted before the Assistant Registrar for being registered under Section 4 of the Act ; one headed by Smt. Aarti Mukherjee as General Secretary and the other headed by Sri Shri Krishna Tiwari. The Assistant Registrar in exercise of powers under Section 25 (1) of the Act referred the said dispute of rival elections for adjudication to the prescribed authority vide order dated 20/21.12.1994. During the pendency of the aforesaid dispute fresh election proceedings were initiated by the petitioner. However, the prescribed authority issued an order dated 31.01.1995 he restrained the holding of fresh elections. Feeling aggrieved by the aforesaid order the office bearers of the society through Sri Pandit Manaupal Lal Goswami filed Writ Petition No. 15105 of 1995 and this Court on 23.5.1995 granted interim order whereby the operation of the order dated 12.5.1995 passed by the prescribed authority referred to above was stayed. According to the petitioners as a consequence to the aforesaid interim order fresh proceedings for electing the office bearers of the society took place on 19.6.1995. On 19.6.1995 itself this Court passed an order in Writ Petition No. 16471 of 1995 filed by respondent No. 3, Sri Shri Krishna Tiwari, whereby parties were restrained from holding any fresh elections of the office bearers of the society. In paras 38 and 39 of the writ petition it has been admitted that because of the interim order referred to above the election proceedings initiated by the petitioners on 19.6.1995 could not be completed and the election of the office bearers of the society could not take place. As such according to the petitioners the office bearers elected in the year 1992 continued to function. Writ Petition No. 16471 of 1995 was dismissed by this Court vide judgment and order dated 26.9.2001 with the remark that the same had become infructuous by eflux of time. Writ Petition No. 15105 of 1995 was dismissed as infructuous by this Court vide order dated 16.5.2002, the operative portion whereof is reproduced below : "The dispute relates to the election dated 25.2.1992. The term of the committee of management is 3 years. No effective relief could be given to the petitioner after expiry of term of the committee of management. The writ petition has become infructuous. The writ petition is dismissed as infructuous. No order as to cost. Interim order passed by this Court on 26.5.1995 is vacated. This order will not affect rights of the parties to raise any future dispute before the appropriate forum at appropriate stage."
(3.) ACCORDING to the petitioners they moved an application on 3.4.2002 for recall of the order dated 26.9.2001. In the meantime the petitioners issued another agenda dated 16.2.2002 for holding fresh elections of the committee of management. According to the petitioners fresh elections for electing the office bearers of All India Sanrakshak Sabha and also members of All India Council took place on 11.3.2002 and on 25.3.2002, the office bearers of All India Council as also 2/3rd members of the Executive Committee of the Association were elected. Proceedings for co-option of the members took place on 26.3.2002. The entire proceedings of election were transmitted to the Assistant Registrar with the list of office bearers for registration under Section 4 of the Act. The list of office bearers so elected was registered under Section 4 of the Societies Registration Act, 1860 by the Registrar on 13.9.2002 dispute objection of respondent No. 3. Against the said order of the Assistant Registrar dated 13.9.2002 the respondent No. 3 filed Writ Petition No. 50188 of 2002. This Court by means of judgment and order dated 26.11.2002 allowed the writ petition and remanded the matter for fresh consideration to the Assistant Registrar. On remand the Assistant Registrar again rejected the objections filed by the respondent No. 3 vide order dated 20.2.2003. The respondent No. 3 filed another Writ Petition No. 14246 of 2003 against the order dated 20.2.2003. The said writ petition was finally allowed by this Court vide judgment and order dated 5.3.2004 and the matter was remanded to the Assistant Registrar for fresh consideration in the light of the observations made in the judgment of this Court. On remand the Assistant Registrar has passed the order dated 28.8.2004 wherein he has held that fresh elections of the committee of management are to be held under Section 25 (2) of the Societies Registration Act by the Registrar/Assistant Registrar. The order passed by the Assistant Registrar dated 28.8.2004 is under challenge in the present writ petition.;