AMRESHWAR PRATAP SAHI, VIJAY LAXMI, JJ. - (1.) These three appeals relate to the elections of the Committee of Management and affairs of a society registered under the Societies Registration Act, 1860 namely, the Khemraj Smarak Rashtriya Vidyapeeth Sangh, Khemapur Faizabad, district Ambedkar Nagar, the focus whereof is the challenge raised to the order of the Deputy Registrar, Firms, Societies and Chits, Faizabad dated 15.04.2011 whereby the contention raised on behalf of the appellants had been accepted and the Deputy Registrar had after declaring the tenure of the Committee of Management of the society to have come to an end, further issued directions for holding of fresh elections in exercise of powers under Section 25 (2) of the 1860 Act.
(2.) It may be put on record that all elections after 29.11.1967 were declared invalid on the ground that the membership of the society was highly disputed as it was based on amendment in the byelaws and Memorandum of Association that was illegal, and any consequential action or elections being claimed were all invalid.
(3.) The aforesaid order had been passed against the respondent petitioners No.9 and 10 holding that all the activities that were carried out under the amended byelaws of 24.11.1980 and the amendment in the Memorandum of Association dated 12.06.2001, were invalid as the amendment itself was impermissible and, therefore, the elections should now be held on the strength of the membership that existed as on 29.11.1967. Accordingly, a direction was issued by the Deputy Registrar to submit a list of members of the general body for holding elections.;