- (1.) Heard Sri Ashok Khare, learned senior counsel on behalf of the petitioners, learned standing counsel for respondents no.1 & 2 and Sri R.K. Ojha, learned senior counsel assisted by Sri Namit Srivastava on behalf of respondent no.3. With their consent, this writ petition is being disposed of finally without inviting a formal counter affidavit.
(2.) Islamia School Firozabad Association is a registered society under the provisions of the Societies Registration Act, 1860(The Act). It is running an educational institution in the name of Islamia Inter College. The committee of management of the society is constituted in accordance with its bye-laws, whereunder the term is five years. According to the petitioners, in an election held on 14.9.2002, petitioner no.2 was elected as Secretary and the third respondent as the President. However, the said fact was disputed by the third respondent. He filed a complaint before the Registrar alleging that no such election had ever taken place, nor he was elected as President. The aforesaid dispute was decided by the Deputy Registrar by order dated 21.4.2006. It is held that no elections had taken place on 14.9.2002 and consequently the Deputy Registrar proceeded to pass order for holding elections of the office bearers of the society under Section 25 (2) of the Act. The order of the Deputy Registrar dated 21.4.2006 was subjected to challenge by the petitioners before this Court in Writ-C No.24342 of 2006. The main plea of the petitioners in the said writ petition was that the dispute before the Deputy Registrar was in relation to the election of office bearers of the society and thus, the Deputy Registrar had no jurisdiction to decide the same. The dispute ought to have been referred to the Prescribed Authority under Section 25 (1) of the Act.
(3.) This Court, by judgment and order dated 20.5.2014, allowed the writ petition after recording a specific finding that the dispute was a bonafide dispute relating to the election of the office bearers of the society and the Deputy Registrar had no jurisdiction to adjudicate such a dispute. The operative part of the order is as under:- "24. Therefore, for the reasons stated hereinabove, I am of the view that the impugned order passed by the Deputy Registrar-respondent no. 2 dated 21.04.2006 is unsustainable and is liable to be set aside. It is accordingly set aside. The respondent no. 2 may pass fresh order in light of law mentioned above, after hearing the parties, expeditiously, but not later than two months from the date of communication of the order. 25. Thus, the writ petition is allowed. 26. No order as to costs.";