- (1.) THE petitioners are members of a Society, they have preferred this writ petition for quashing or the order dated 16.12.2011 passed by the Assistant Registrar, Firms, Societies and Chits, Allahabad, whereby he has determined the electoral list of the Society under section 15 of the Societies Registration Act, 1860 (Act No.21 of 1860), (for short, Act, 1860).
(2.) THE essential facts of the case are that on 27.11.1953 a Society namely Inter College, Manikpur, Pratapgarh is registered under the provisions of the Act, 1860. It is stated that certificate of the Society has been renewed from time to time. The last renewal was made on 19.5.2009. The object of the Society is to promote education and other other ancillary matters. With a view to the said object it had established a Junior High School, Manikpur, which was upgraded upto the level of Intermediate College. The internal affairs of the Society is regulated by a Memorandum of Association and Rules and Regulations which is annexed as Annexure -2 to the writ petition.
(3.) THE Rules and Regulations of the Society provides three year term of the office bearers. Initially there were 9 members who were founder of the Society. Later on the members of the general body rose to 21 members. The petitioner no. 1 and 2 claim to be enrolled as members prior to the year 1974 and petitioner no. 3 and 4 claim to be the members in the year 1995. The Society established by the Society is governed by the provisions of the U.P. Intermediate Education Act, 1921, as it receives financial aid out of State fund. It is also governed by the provisions of the U.P. High Schools and Intermediate College (Payment of Salaries to Teachers and other Employees) Act, 1971, (U.P. Act No. 24 of 1971). The institution is manged by a Committee of Management. The power and duties of the office bearers and their election are regulated by the Scheme of Administration framed and approved under the provisions of Section 16 -A of the U.P. Intermediate Education Act, 1921.;