Arun Tandon, J. - (1.) Heard Sri Ashok Khare, Senior Advocate, assisted by Sri S.D. Shukla, Advocate on behalf of petitioner, Sri R.N. Singh, Senior Advocate, assisted by Sri P.K. Sinha, Advocate on behalf of respondent No. 4 and learned Standing Counsel on behalf of respondent Nos. 1 to 3.
(2.) Akhil Bhartiya Gujar Vidya Pracharini Sabha, Saharanpur is a society duly registered under the Societies Registration Act, 1860. The said society has its own registered bye-laws. The election for the office of the President and Secretary of the society alone are held from amongst members of the General Body and aforesaid two office bearers thereafter co-opt the other office bearers of the society. The elections for the purposes of electing the President and Secretary of the society, took place on 15th June, 2005. In the result of the elections declared by the election officer, whereby it was recorded that Sri Mahipal Singh (petitioner) has secured 1342 votes while Sri Bhupendra Singh (respondent No. 4) has received only 1283 votes. Accordingly Sri Mahipal Singh (petitioner) was declared elected as President.
(3.) On 21st June, 2005 the election officer on a complaint made by Sri Bhupendra Singh to the effect that he received 1282 votes while Sri Mahipal Singh received 1223 votes only, an order of recounting of votes was passed. The said order of the election officer was challenged before this Court by means of the writ petition No. 46925 of 2005. The writ petition was dismissed by the Division Bench of this Court vide order dated 18th July, 2005 with liberty to the petitioner to file a fresh petition, if need, so arises. Even prior to the passing of the order of the Division Bench of this Court dated 18th July, 2005, the Election Officer by means of the order dated 27th June, 2005, has in fact affected the recounting of votes and declared that Sri Bhupendra Singh has secured 1282 votes in recounting while Sri Mahipal Singh (petitioner) has secured only 1223 votes. Accordingly Sri Bhupendra Singh was declared elected as President.;