Rajes Kumar, J. - (1.) By means of present writ petition, the petitioners have challenged the order dated 16.04.2004 (Annexure 5) to the writ petition passed by the Assistant. Registrar, Firms, Societies and Chits, Mau and claimed the following reliefs: (i) to issue a writ, order or direction in the nature of certiorari quashing the order dated 16.4.2004 (Annexure 5) passed by the opposite party No. 2. (ii) To issue a writ, order or direction in the nature of mandamus commanding to the opposite parties not to interfere in the functioning of the petitioners as office bearers of the Society and in managing the affairs of the Society as well as that of the School run by the Society except in accordance with law. (iii) to issue any other writ, order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case to meet the ends of justice. (iv) to award the cost of the petition in favour of the petitioners.
(2.) The brief facts of the case are as follows: The dispute relates to the Committee of Management of a Society named as Harijan Gurukul. Dohri Ghat, district Mau. The said Society is registered under the provisions of the Societies Registration Act. 1860. The Society has its registered bye-laws. According to the memorandum of the Association as well as aim and object mentioned therein, the Society has established a Junior High School, which is known as Buniyadi Harijan Gurukul, Dohri Ghat, Mau. The Institution established by the Society is a recognized Junior High School which receives grants-in-aid from the State Government and teachers and employees of the School are paid their salaries out of the State fund. As per the provisions contained in the bye-laws of the Society terms of the office bearers of the Society is three years. As per the petitioners, after giving necessary information in the news paper to the Members of the General body, the meeting was held in the Campus of the School on 12.1.2004. Out of total 81 Members, 38 Members were present in the meeting, hence, corum was complete and as per the Schedule already published, proceedings of election of the office bearers and the Members of the Society were undertaken. All the Members and office bearers were elected unanimously. In the said election, the petitioner No. 2 was elected as a Manager. The Assistant Registrar, Firms, Societies and Chits was informed about the newly held election dated 12.1.2004 and all the documents pertaining to the election, were submitted to him. The petitioners claimed that the respondent No. 2 issued Notices to the earlier office bearers of the Society inviting objections. if any. Inspite of the Notices, No objection was raised by any of the office bearers. consequently, the list of office bearers and members elected in the election on 12.1.2004, was registered by the Assistant Registrar of the Societies on 11.3.2004. It appears that some of the earlier office bearers who could not be elected, filed a complaint before the respondent No. 2. On the said complaint, notices were issued to all concerned. It appears that the opposite parties disputed the election of the office bearers on the allegation that the election of the office bearers was held on 8.2.2004 and the petitioner No. 2 was not the member of General body and his whereabouts are not known to any body, hence, he could ot be elected as a Manager of the Society. It appears that on the date fixed, petitioners could not appear before the respondent No. 2, thus the respondent No. 2 passed an order dated 16.4.2004, whereby, recalled the registration of the list of the office bearers dated 11.3.2004 and accepted the opposite party Nos. 3 and 4 as validly elected constituted Committee and directed to register the list of the office bearers submitted by Sri Nath alleged Secretary of the Society.
(3.) Heard learned Counsel for the parties. Counter and Rejoinder-affidavits have been exchanged.;