- (1.) THIS writ petition is directed against the order passed by the Deputy Registrar, Firms, Societies and Chits, Agra (for short, "the Registrar") dated 21 April 2006, whereby he has directed Sub Divisional Magistrate, Sadar, Firozabad to hold the fresh election of the office bearers of the Society under Section 25(2) of the Societies Registration Act, 1860 (Act No. 21 of 1860).
(2.) THE essential facts are; the petitioner no. 1, Islamia School Firozabad Association, is a Society registered under the provisions of the Act No. 21 of 1860. The Society has established an educational Institution, Islamiya Inter College in Firozabad (for short, "the Institution"). The renewal of certificate of the Society has been made from time to time. The Intermediate College is recognized by the Board of High School and Intermediate Education. Its affairs are governed by the provisions of U.P. Intermediate Education Act, 1921 (U.P. Act No. II of 1921) and by an approved Scheme of Administration. The general body of the Society elects the office bearers of the Committee of Management for the Institution. The election of the Society was held on 14 September 2002. Its term is five years. In the said election the petitioner no. 2 was elected as Secretary and Syed Naved Mukarram was elected as President. It appears that the President of the Society Syed Naved Mukarram made a complaint to the Registrar. Taking cognizance of the said complaint the Registrar issued a notice dated 10.11.2005 to the concerned parties and the matter was heard on 21.01.2006, 20.02.2006 and 12.04.2006. Thereafter the 18 April 2006 was fixed for submission of the evidence/ documents. Before the Registrar some of the members had filed their personal affidavits that no election was held on 14 September 2002. It was also contended before the Registrar that the proper notice was not sent to all the members, and in the election which was held on 14 September 2002 the notice was sent under UPC and out of 191 members 60 members have participated in the election. The Registrar also doubted the date of the notice, which was sent to the members and on this ground he directed to the Sub Divisional Magistrate, Sadar, Firozabad to hold the fresh election of the Committee of Management.
(3.) A counter affidavit has been filed by the respondent nos. 1 and 2. It is stated that the petitioner being the Secretary/ Manager of the Society had moved an application for renewal of Society for further five years. It is further stated that the President of the Society Syed Naved Mukarram had made a complaint to the Registrar, who was elected in the election dated 14 September 2002. Therefore, the dispute with regard to the election of the Committee of Management cannot be decided by the Registrar. Paragraph -5 of the counter affidavit reads as under; "5. That the contents of the Paragraph No. 11 of the counter affidavit are denied and in reply thereof it is submitted that the complaint was filed by Syed Naved Mukarram, not by the Deputy Registrar. It is to further submit that Syed Naved Mukarram was himself elected as President of the Society in the election dated 14th September, 2002." ;