- (1.) THE five petitioners who claim to be member of a general body of a society has moved this writ petition for issuance of writ of certiorari to quash the order dated 20.1.2014 passed by the Prescribed Authority, Azamgarh and the order dated 27.2.2013 passed by the Assistant Registrar whereby he has registered the list of office bearers of the society.
(2.) THE essential facts of the fact are that Shri Mahatma Harihar Das Vidya Sabha Amuwari, Narainpur, Azamgarh is a society (for short 'society') registered under the provisions of the Societies Registration Act 1860 (for short 'Act 1860'). The society has its memorandum of association which regulates its constitution, election, the duties and power of the office bearers etc. The society has established an Intermediate College.
(3.) THE dispute arose in the year 2004 when it was claimed that in the election held on 1.2.2004 one Prof. Ramji Singh was said to have been elected as President in place of Amresh Chandra Pandey and some of the other previous office bearers were also changed. Sri Amresh Chandra Pandey and others filed an objection that their membership has been illegally terminated. It is stated that on 15.12.2004 the said election was not recognized by the Assistant Registrar. Aggrieved by the order of the Assistant Registrar the then Manager Chandrika Singh preferred Writ Petition No. 1274 of 2005. The said writ petition was disposed of on 13.1.2005 with a direction to Assistant Registrar to hold the fresh elections. He was also directed to determine the members of the society after inviting objections from the concerned persons. The Assistant Registrar, vide order dated 28.6.2000 finalized the list of 33 members of the general body and exercising his power under 25 (2) of the 'Act 1860' directed the District Inspector of Schools to hold the elections. Aggrieved by the said order a Writ Petition No. 51764 of 2005 was filed by Ambresh Chandra Pandey. The said writ petition was disposed of on 5th August, 2005 setting aside the order of the Assistant Registrar dated 28.6.2005 directing the Assistant Registrar to decide the matter afresh after hearing all the concerned parties. It is stated that at that point of time no Assistant Registrar was posted at Azamgarh, therefore in compliance of the order of this Court Registrar, Firms Societies and Chits, U.P. passed an order dated 31.3.2006 that the list of members of the general body (33 members) which was finalized by the Assistant Registrar vide 28.6.2005 is valid.;