- (1.) The petitioner, Committee of Management of a Society has preferred this writ petition for issuance of writ of certiorari to quash the order dated 23rd September, 2013 passed by the respondent no.2/ Assistant Registrar, Firms Societies and Chits, Varanasi (for short 'Assistant Registrar') and the consequential order passed by him dated 17.4.2013, registering the list of office bearers of the Society, and the order dated 6.6.2013 passed by the District Minority Welfare Officer, Chandauli, attesting the signature of respondent no.3 as the Secretary/Manager of the said Committee of Management. The Secretary and the Treasurer of the said Society have also joined the petitioner as petitioner no. 2 and 3.
(2.) The essential facts of the case are that Masdarul Uloom Education Society is a registered Society under the Societies Registration Act, 1860 (as amended in the State of U.P., Act No. 21 of 1860) (for short Act, 1860). The main object of the Society is to promote the education and establish educational institutions. In furtherance of said object it has established a Madarsa. The Society's affairs are managed by its bye-laws. It is stated that, the bye-laws were amended on 7.11.2003. It was again amended inserting Clause 7 (Ra). The last renewal of the Society Certificate was made on 24.12.2011.
(3.) It is stated that election of the office bearers was held on 20.11.2011 which was submitted in the office of the Assistant Register vide letter dated 21.5.2012. It is not disputed that prior to the year 2011 all the papers for renewal etc. and communication with the office of the Assistant Register was made by the petitioner no.2. The dispute arose when the respondent no.3 submitted an application on 8.3.2013 wherein he has shown himself to be elected as a Manager of the Society. Along with the said application he had also submitted a list of office bearers for the year 2012-13. He also submitted a resolution of the Committee of Management dated 10.2.2013 wherein it was resolved to accept the alleged resignation of petitioner no.2 and it was accepted on the same day and in his place vide same resolution the respondent no.3 Atiqur Rehman was allegedly elected as Secretary/Manager of the Society. On the same day it was also resolved to expel petitioner no.3 from the office of the Treasurer on the ground of his lack of interest in the Society's affairs. The respondent no.3 had also filed an application dated 15.4.2013 requesting the Assistant Registrar to register the list of office bearers of the year 2013-14. A copy of the said application has been brought on record as Annexure-11 to the writ petition.;