- (1.) Heard Sri G. K. Singh, learned senior counsel assisted by Sri Prabhakar Awasthi, learned standing counsel for respondents 1 to 4 and Sri R. K. Ojha, learned senior counsel assisted by Sri Tej Bhan Singh on behalf of respondent no.5. With their consent, this petition is being disposed of finally, without inviting counter affidavit.
(2.) Dy. Registrar, Jhansi Region, Jhansi passed an order dated 2.9.2013 that the elections of Captain Shankar Dhwaj Audhyogik Vidyalaya Rath, Hamirpur, a society registered under the provisions of the Societies Registration Act, 1860 (hereinafter referred to as 'the Act'), would be held by the Up Zila Adhikari, Rath, Hamirpur. The order had been passed in recourse to power under Section 25(2) of the Act. In pursuance of the said order, which was not challenged by any of the parties, an election programme was notified in the newspaper Swatantra Bharat on 15 December 2013 and thereafter, the election of the governing body of the society were held on 30 December 2013. The election officer, namely Finance & Account Officer, Basic Shiksha, Hamirpur submitted a report dated 1.1.2014 before the Assistant Registrar regarding holding of the election on 30 December, 2013. The Assistant Registrar on 9.7.2015 registered the list of the newly elected governing body of the society, with petitioner no.2 as the manager.
(3.) It seems that the fifth respondent, who claims himself to be the member of the general body of the society made a complaint before the Registrar, Firms, Societies and Chits, Lucknow. The Registrar, Lucknow directed the Dy. Registrar, Lucknow to hold an enquiry and submit a report. In pursuance thereof, the third respondent has submitted the impugned report dated 25.8.2015. In the report, it has been concluded that (i) after the year 2000, no elections have been held, (ii) the election proceedings dated 31.1.2011, 30.12.2014 and 14.4.2015 are all illegal and are therefore, liable to be cancelled, (iii) the managing committee of the society is to be constituted by including heirs of the deceased life members and the President/Manager late Raman Pal Singh, and (iv) the amendments made in the bye-laws are illegal. In the concluding part of the report, a direction has been issued for holding the proceedings in accordance with the above conclusions.;