- (1.) Heard Sri R.K. Ojha, learned Senior Counsel assisted by Sri Prashant Kumar, for the petitioners; learned Standing Counsel for the respondent no.1 to 3; and Sri G.K. Singh, learned Senior Counsel assisted by Sri Daya Shankar Singh, for the respondent no.4.
(2.) The contesting respondent no.4 has filed a short counter affidavit to which a rejoinder affidavit has been filed by the petitioners and the learned counsel for the parties are in agreement that in view of the nature of the order that is being passed, the writ petition may be finally decided, at this stage itself.
(3.) Briefly stated the facts of the case are that there is a registered society by the name of Saltanat Bahadur Educational Trust, Sri Krishna Nagar, Badlapur, Jaunpur. Under the Bye-laws of the Society, the term of the office bearers of the Society is one year. The last undisputed election of the office bearers of the Society was held on 25.05.2012 in which the petitioner no.3 was elected as the President and the respondent no.4 was elected as the General Manager. The office bearers were also registered under Section 4 of the Societies Registration Act. As the term of the office bearers was of one year, two sets of elections, alleged to have been held on 19.05.2013, were set up before the Assistant Registrar with different set of office bearers, one by the petitioners and the other by the respondent no.4. The general body of the Society, in both sets of election, set up by rival claimants, was common except to the extent of 57 members which, according to the respondent no.4, were inducted on the basis of resolution of the Board of Trustees dated 02.09.2012, which was approved by the general body by a Resolution dated 30.09.2012. It is the induction of these 57 members which is bone of contention between the petitioners and the respondent no.4.;