M.C. Tripathi, J. - (1.) HEARD Shri Ashok Khare, Senior Advocate assisted by Shri J.P. Singh, learned counsel for the petitioners; learned Standing Counsel for State respondent Nos. 1 and 2 and Shri Manish Dev Singh, learned counsel for the contesting respondent No. 4.
(2.) BY means of this writ petition, the petitioners have prayed for quashing the impugned order dated 29.4.2015 passed by the Assistant Registrar, Firms, Societies and Chits, Varanasi -respondent No. 2 and have further prayed for direction commanding the respondent No. 3 to pass a fresh order after hearing the parties concerned and to hold the election of the Society exercising powers under Section 25(2) of the Societies Registration Act, 1860 within specified time. Brief facts giving rise to the present case are that 'Naldeo Kuldeo Purva Madhyamik Vidyalaya, Belaon, District Jaunpur' is a Society registered under the Societies Registration Act, 1860 (hereinafter referred to as the Act). The Society has its duly approved by laws. In the year 1977 for the first time, a dispute arose in the Society. On 15.5.1981 the Assistant Registrar, Firms, Societies and Chits, Varanasi referred the dispute to the Prescribed Authority under Section 25(1) of the Act. On 06.1.1996 the Prescribed Authority passed an order holding that the reference dated 15.5.1981 had become infructuous and returned the reference with a direction to the Assistant Registrar to consider the election of Shri Dharnidhar Singh and also his claim for renewal of the registration. On 2.12.1996 the Assistant Registrar recognized the election of Shri Dharnidhar Singh. A Writ Petition No. 2444 of 1996 was filed by Shri Indra Pal Singh challenging the order of the Prescribed Authority. The said writ petition was disposed of on 19.1.1996 with direction to the Assistant Registrar to act in accordance with law and consider the question of renewal of registration of the Society moved by Shri Dharnidhar Singh after affording opportunity to the contesting respondents. On 2.12.1996 the Assistant Registrar recognised Shri Dharnidhar Singh as Manager. Shri Rama Shanker Singh -respondent No. 3 filed a Writ Petition No. 41757 of 1996 challenging the order dated 2.12.1996. The said writ petition was dismissed on 29.4.1997. The judgment dated 29.4.1996 as well as the order of the Assistant Registrar dated 2.12.1996 attained finality and Shri Dharnidhar Singh continued to function as Manager and the renewal was granted.
(3.) ON 22.1.1996 the election was held in which one Shri Bali Ram Singh was elected as President; Shri Dharnidhar Singh as Manager and Shri Shree Prakash Singh as Deputy Manager. On 27.7.1999 Shri Dharnidhar Singh resigned and as per bye laws Shree Prakash Singh being Deputy Manager was allowed to function as Manager. The term of three years expired but no election was held by the outgoing Committee. The members of the general body decided to hold election and the election was held by the general body on 2.2.2002 in which one Bali Ram Singh was elected as President, and Vinay Kumar Singh -petitioner No. 2 as Manager of the Society. An Authorized Controller was appointed in the College, who held the elections under the supervision of the District Inspector of Schools, Jaunpur. In this election Shri Bali Ram Singh was elected as President and Shri Vinay Kumar Singh as Manager. On 30.7.2003 the Assistant Registrar referred the dispute of the year 2000 to the Prescribed Authority. On 9.11.2006 the petitioner No. 2 moved an application before the Prescribed Authority that the term of three years had already expired and therefore, the reference had become infructuous. On 14.11.2006 the Prescribed Authority rejected the objection of the petitioner on 29.1.2007 and upheld the election of Shri Rama Shanker Singh -respondent No. 3. Aggrieved with the said order, the petitioner filed another Writ Petition No. 9961 of 2007, in which an interim order was passed on 23.2.2007 restraining the respondents from taking any further action in pursuance of the order of the Prescribed Authority dated 29.1.2007. On 17.7.2013 the said writ petition was dismissed as infructuous with observation that decision of the Prescribed Authority dated 29.1.2007 will have no bearing for any further election.;