- (1.) The challenge in the present petition is to an order dated 4th March, 2015 in terms of which the electoral college of the Society Sri Tilak Kisan Laghu Madhyamik Vidyalaya, Kamhariya, Post Padari Bazar, Tehsil Salempur, District Deoria has come to be finalized and an election schedule announced by the District Basic Education Officer, Deoria. As was noticed by this Court in its order dated 26th March, 2015, the learned counsel for the respondent No. 3 had raised a preliminary objection with regard to the maintainability of the writ petition and it was on the said objection alone that the learned counsel for parties were heard and orders reserved.
(2.) The basic grievance of the petitioner, who is a member of the General Body of the Society, is the non-inclusion of the names of 54 members in the list finalized by the respondent No. 5. Sri H.N. Singh, learned Senior Counsel appearing in support of the writ petition has submitted that the said respondent is patently illegal for that the non-inclusion of the 54 members will materially affect the results of the election. He has further submitted that insofar as the State of U.P. is concerned, the legislature by enacting U.P. Act No. 23 of 2013, has consciously added Section 4B to the Societies Registration Act, 1860 (hereinafter referred to as the "Act, 1860") as a consequence of which, it was incumbent upon the respondent to undertake an inquiry into the membership of the General Body.
(3.) However, firstly this Court necessarily needs to consider the preliminary objection raised by Sri Pandey. Sri Pandey, learned counsel appearing for the contesting respondents has submitted that the petitioner is a member of the General Body of the Society whose name stands included in the list finalized by the Assistant Registrar. He submits that the petitioner would have no locus standi to challenge or assail the non-inclusion of 54 members. He submits that if there be any cause which may exist against the impugned order, the same would inhere only in those 54 members and not in the petitioner.;