RAJIV Sharma, J. - (1.) By means of the present writ petition, the petitioners challenge the order passed by opposite-party No. 4 Commissioner, Lucknow Division, Lucknow.
(2.) IT has been stated by the petitioners that Sri Ram Bal Seva Mandir Shiksha Samiti is a Society registered under Societies Registration Act, 1960 and the term of the Society has expired and no elections were held and as such in exercise of the power under Section 25 (2) of the Societies Registration Act. The Deputy Registrar by means of order dated 8-12-2003 authorised SDM, Sadar Hardoi to hold the election of the Committee of Management of Institution. In pursuance of the order, the SDM initiated the process for holding elections and fixed 24-1-2004 as the date of election on which date the elections could not be held subsequently another date was fixed as 11-3-2005 for the elections. In the meantime, a complaint was received by the Sub- District Magistrate and he submitted a report to the Deputy Registrar. The Deputy Registrar after going through the report directed the SDM to hold election and by means of order dated 14- 10-2005, the SDM fixed 31-10-2005 as date of election which was stayed in compliance of the orders passed by opposite-party No. 4 dated 24-10-2005. A counter-affidavit has been filed on behalf of opposite- parties No. 2 to 4 wherein in para 2 of the said affidavit, it has been stated that opposite-party No. 8 Smt. Nirmala Singh filed a complaint before opposite-party No. 4 on 24-10-2005 in which it was mentioned that initially the Deputy Registrar had passed order by illegally exercising jurisdiction under Section 25 (2) of the Societies Registration Act against which she has preferred a writ petition in the Hon'ble High Court, Lucknow Bench, Lucknow which is still pending. Now again ignoring the factum of pendency of the writ petition the Deputy Registrar has passed the order dated 30-5-2005 and has directed to the SDM, Hardoi for conducting the election only by 12 persons, which is improper, whereas there were 31 valid members and requested for conducting the enquiry and for staying the alleged election. Taking into consideration the entire facts and circumstances, opposite-party No. 4 Commissioner, Lucknow Division, Lucknow has passed the order dated 24-10-2005 directing to stay the election process. Learned Counsel for the petitioners submits that, firstly the Commissioner of the Division has no jurisdiction to pass any order or to review the orders passed by the Deputy Registrar, who has exercised the powers conferred on him under Section 25 (2) of the Societies Registration Act and secondly, the election process has started and, in the catena of cases decided by the Apex Court as well as this Court, the authorities as well as the Courts have been barred from entertaining any matter relating to election which can be questioned only by means of election petition as prescribed by the appropriate legislature.
(3.) IN view of the above legal position, the order dated 24-10-2005 passed by the Commissioner is without jurisdiction and accordingly the same is quashed. The writ petition is allowed. No order as to costs. Petition allowed. .;