Arun Tandon, J. - (1.) Heard Sri H.K. Singh, learned counsel for the petitioners, Sri A.S. Diwakar, learned counsel for the respondent No. 4 and learned standing counsel for the respondent Nos. 1 to 3.
(2.) The Committee of Management of Shiksha Pracharini Sangh, Isari Salempur, Ballia, which is a society duly registered under the Societies Registration Act, 1860 (hereinafter referred to as the Act) through its alleged Secretary/Manager Sri Jaishankar Singh has filed this writ petition against the order of the Assistant Registrar, Firms, Societies and Chits, Azamgarh, dated 11th August, 2004, whereby the Assistant Registrar has provided for fresh elections of the office bearers to be held in accordance with the provisions of Section 25(2) of the Act by the Assistant Registrar and the electoral college in respect of the aforesaid elections has also been determined.
(3.) On behalf of the petitioners it is contended that the aforesaid order of the Assistant Registrar is not in conformity with the provisions of Section 25(2) of the Act inasmuch as the Assistant Registrar has not recorded any finding with regard to the elections set up by the petitioners of the years 1993, 1997, 2000 and 2003. No authority has declared the same is illegal and consequently it cannot be said that valid elections of the Committee of Management have not taken place within the specified time. It is further contended that the Assistant Registrar has no jurisdiction to determine the voter list in view of the Division Bench judgment of this Court dated 5th March, 1990 passed in Civil Misc. Writ Petition No. 21398 of 1987, Ram Nath Shukla and Anr. v. Assistant Registrar, Firms, Societies and Chits, Varanasi and Ors.;