- (1.) Heard Sri Gajendra Pratap, learned senior counsel appearing in support of this writ petition assisted by Sri R.K. Sinha, the learned Standing Counsel for the state respondents and Sri Ashok Khare, learned Senior Counsel appearing for the private contesting respondents.
(2.) After hearing counsel at some length and with their consent judgement on this petition had been reserved on 18.05.2015. During the course of preparation of the judgement, it became necessary to seek certain clarification with respect to certain documents submitted by the counsel for the Respondents across the board as a consequence of which it became necessary to post the matter for further hearing. Accordingly, this petition was listed for further hearing on 15.07.2015, where after hearing learned counsel for the parties, orders were reserved.
(3.) The challenge in the present petition is to an order passed by the Assistant Registrar, Firms Societies and Chits made in purported exercise of powers conferred by Section 3A of the Societies Registration Act, 1860. While proceeding to consider an issue of renewal of the society in question, the Assistant Registrar proceeded to issue directions for holding of elections for constitution of the committee of management of the society in question. This direction, he proceeded to make by invoking the provisions of Section 25(2) of the Act, 1860. For the purpose of conduct of the said elections, the Assistant Registrar proceeded on the basis that the electoral college comprised of 52 members, the details of which were submitted before him by Sri Hriday Narain Misra (the 3rd Respondent in these proceedings) and Sri Ram Sammukh Tripathi. It was this list submitted by Sri Tripathi which was declared to constitute the electoral college. During the course of hearing Sri Khare had also handed across the board a newspaper extract which carried the detailed election programme and pursuant to which the Court was informed that elections had taken place on 24 May 2015.;