- (1.) Heard Sri Shashi Nandan, learned Senior Advocate assisted by Sri A.P. Paul, Counsel for the appellants, Sri G.K. Singh, learned Senior Advocate appearing on behalf of the respondent No. 4 and learned standing Counsel appears on behalf of respondents No. 1, 2 and 3. By means of the present appeal, the appellants challenged the order dated 17.9.2013, passed in Writ Petition No. 49161 of 2013, whereby the writ petition has been dismissed on the ground of alternative remedy under section 25 (1) of the Societies Registration Act, 1960 (hereinafter referred to as the Act).
(2.) Brief facts of the case are that the appellants claim to be the members of the general body of the society, registered under the Societies Registration Act, which runs an educational institution in the name of Ajhu Rai Higher Secondary School, Dharamrajganj (Sherwa), Sikrara, Jaunpur. The appellants filed the Writ Petition No. 49161 of 2013 seeking quashing of the election proceedings held by the Assistant Registrar, Firm, Societies and Chits, Varanasi on 31.8.2013.
(3.) Learned Counsel for the appellants submitted that the last election was held on 26.6.2006. The term of the Committee of Management was 5 years. To initiate the proceedings for holding the election of the Committee of Management of the Society vide order dated 6.7.2013, the Assistant Registrar finalized the list of 38 members of the general body of the society, and issued the election programme for holding the election on 31.8.2013. In the election held on 31.8.2013, the list containing the names of 5 office bearers and 7 members of the Committee of Management of the Society has been declared, which was challenged in the writ petition.;