- (1.) RAKESH Tiwari, J. Heard Counsel for the parties and perused the record.
(2.) THIS writ petition has been filed for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 8-12-2005 passed by respondent No. 4, Registrar, Firms, Societies and Chits, Uttar Pradesh. Lucknow (Annexure-12 to the writ petition ). By the impugned order the Registrar has directed the Assistant Registrar to hold elections of Committee of Management in pursuance of the directions of this Court vide judgment dated 9-4-2004. The election is sought to be held on basis of list of members of the committee, which is said to have been elected in undisputed elections on 30-9-1995. According to the petitioners the list of 1995 is disputed whereas the respondents case is that it is undisputed and there is no illegality in the order impugned. Brief facts of the case are that Krishak Sangh Uchauri is a registered Society, which runs the Institution known as Kedar Narain Krishak Inter College, Uchauri, Ghazipur. The society is run by its byelaws and the institution is run as per the scheme of administration.
(3.) IT is alleged by the Counsel for the petitioners that according to the byelaws of the society, the term of the office bearer of the society is three years. However, as per the provisions of the byelaws of the society, the general members of the society would elect office bearers of the society and Sanchalan Mandal would elect the office bearers of the committee of management of the Institution. It is submitted that earlier the Assistant Registrar, Firms, Societies and Chits. Varanasi Region, Varanasi had not agreed to hold election in pursuance of the list of year, 1995 on the ground that there was a written objection filed by the then Manager Kuber Nath Singh inter alia that the list of the members of the general body of the society of year, 1995 is not available, the college record was stolen and new elections are sought to be held on basis of list of members of 1995 at the instance of Rajendra Prasad Pandey with the help of one Shiv Poojan Rai, who was working as a Clerk in the institution. It is further submitted that after the death of Ram Kishore Singh who died on 2-7-1992, Shiv Poojan Rai by misusing his position removed the entire record of the society which include the list of the members of general body of the society, attendance register, dispatch register, counterfoil of the membership and receipt subscription. It is also stated that when Kuber Nath Singh was elected Manager on 17-2-98 information was given to P. S. Kanpur, District Ghazipur and information is also said to have been sent to the District Inspector of Schools, Ghazipur on 25-9-1998.;