- (1.) Petitioner no. 1 claims himself to be life member whereas petitioner no. 2 a founder member of a society, namely Shankar Lal Junior High School, Bachhehi, District Banda. They have approached this Court assailing a communication dated 29.9.2015 by the Assistant Registrar, Firms, Societies and Chits, Jhansi (third respondent) addressed to the sixth respondent intimating him of the outcome of the election held on 21.9.2015. According to result of the elections, the sixth respondent has been elected as Manager. Consequently, the communication further requires the sixth respondent to submit the list of elected office bearers for being registered under Section 4 of the Act. The election dated 21.9.2015 has been held by the third respondent invoking power under Section 25(2) of the Act.
(2.) The petitioners claimed to have filed objection dated 10.12.2015 before the Registrar, Firms, Societies and Chits, Lucknow (second respondent) alleging that the election that has been held under Section 25(2) of the Act is on the basis of electoral college, in which names of various members who have died, as also those who are not members, had been included whereas names of four valid members had been excluded. It seems that on such representation being made by the petitioners to the second respondent, he called for a report from the third respondent. The third respondent on 15.2.2016 has submitted a report to the second respondent informing that the dispute relating to the members of the general body has been decided by him twice, but still in case the second respondent considers it appropriate, he may decide the matter afresh. The petitioners have prayed for quashing of the elections dated 21.9.2015, as declared by the communication dated 29.9.2015 issued by the third respondent and for a direction to the second respondent to decide the objections of the petitioners dated 10.12.2015.
(3.) Indisputably, elections have been held by the Assistant Registrar under Section 25(2) of the Act. In case, the petitioners are aggrieved by the settlement of the electoral college or the result of the election, they have the remedy to challenge the same before the Prescribed Authority under Section 25(1) of the Act. The Registrar, Firms, Societies and Chits, Lucknow does not have any jurisdiction to decide the validity of the elections, which have been held by the third respondent in exercise of power under Section 25(2) of the Act.;