- (1.) RAKESH Tiwari, J. Heard Counsel for the parties and perused the record.
(2.) IT is alleged that the elections of the Committee of Management have been held on 12-6-2002 by the respondent No. 3 and the list of membership of the Committee of Management of the petitioner was accepted by the Assistant Registrar on 18-8-2004. Aggrieved by the order of Assistant Registrar, writ petition No. 41133 of 2005 has been filed by Shri Ran Vijay Singh, which was allowed directing the Assistant Registrar to refer the dispute to the Prescribed Authority. Consequently the Assistant Registrar referred the dispute to the Prescribed Authority vide his order dated 7-6-2005. Thereafter, the petitioners moved an application before the Prescribed Authority to initiate a criminal proceeding under Section 195/340 Cr. P. C. against Shri Ran Vijay Singh for committing forgery in respect of the publication of the election schedule in newspapers. It appears that when the writ petition was filed by Shri Ran Vijay Singh, he claimed that the election schedule was published in Dainik Jagran, but when the petitioner raised an objection before the Prescribed Authority that no election schedule has been published in Dainik Jagran then Shri Ran Vijay Singh came up in this case that infact the publication was made in Dainik "manyavar" in which due to typographical error, Dainik Jagran was printed.
(3.) THE application of the petitioner for initiating criminal proceedings was rejected by the Prescribed Authority against which the petitioner filed Criminal Appeal No. 2 of 2006 before the Sessions Judge, Jaunpur, who also summoned the records from the office of the Prescribed Authority, fixing 17-2-2006 in the case. It is urged that the Prescribed Authority in disobedience of the order passed by the Sessions Judge has proceeded to decide the proceedings in a hurried manner, which culminated in passing of the impugned order dated 23-1-2006 by which the list of office bearer of the respondent committee of management of Shri Ran Vijay Singh was accepted and the election of the petitioners was held to be not a valid election.;