Rakesh Tiwari, J. - (1.) This writ petition has been filed challenging the validity and correctness of impugned order dated 3.6.2002 passed by the Assistant Registrar, Firms, Societies and Chit Funds, U.P. Varanasi -respondent No. 1 whereby he has finalized the list of members and has also fixed election schedule.
(2.) It appears that earlier also, writ petition No. 33702 of 1996-Committee of Management of Baba Ram Krishna Junior High School, Marufpur, District Varanasi v. Assistant Registrar, Firms, Societies and Chit Funds, U.P. Varanasi and Ors. was filed before this court wherein vide its judgment and order dated 9.1.2002, this court directed the Assistant Registrar, Firms, Societies and Chit Funds, U.P. Varanasi to convene a meeting of the General Body of the Society in accordance with the Bye Laws and conduct election either by himself or through any officer appointed by him in exercise of delegated powers. The operative portion of the order runs as under : "In view of the aforesaid term of the society and committee of management both have expired during the pendency of the writ petition hence the writ petition has become in fructuous. Since the election of the society could not be held in the circumstances stated above it is now the Registrar in the contemplated powers under Section 25 Sub-sections (2) and (3) shall call the meeting of the General Body of the society in accordance with Bye-Laws of the Society. In this view of the matter, the writ petition is dismissed as having become infrcutous by efflus of time. Interim order, if any, stands vacated. The Registrar/Assistant Registrar, Firms, Societies and Chit Funds, U.P. Varanasi is directed to convene the meeting of the general body of the society in accordance with the bye-laws and conduct the elections either by himself or through any officer in exercise of delegated powers. Needless to say that as Sub-section (3) says that no other persons has a right to hold a meeting for the purpose of election by any other authority or by any person claiming to be an office bearer of the society. With the aforesaid observations, the petition is dismissed. Dt. 9.1.2002 Sd/ Anjani Kumar, J"
(3.) Pursuant to the judgment dated 9.1.2002, the Assistant Registrar, Firms, Societies and Chit Funds, U.P. Varanasi finalized the list of the members and the election schedule. The petitioner also participated in the election but the results have not been declared owing to interim order of this court dated 16.7.2002.;