MANOJ KUMAR GUPTA,J. - (1.) Heard counsel for the petitioners, learned standing counsel for respondents 1 and 2 and Sri Yogish Kumar Saxena for the third respondent.
(2.) Muslim Association, Kanpur Nagar is a registered society under the provisions of the Societies Registration Act, 1860 (hereinafter referred to as 'the Act'). By an order dated 14.7.2015, the Deputy Registrar (second respondent) recognised the elections of the Committee of Management of the Society held on 26 and 27 February, 2015, wherein the third respondent was elected as a general secretary and directed for registration of the list of office bearers under Section 4 of the Act. The second petitioner, who claims that he was appointed as General Secretary of the Society on 11.4.2013 preferred an objection dated 28.7.2015 before the second respondent and prayed for revocation of the order dated 14.7.2015, whereby the list of office bearers elected on 26 and 27 February 2015 was directed to be registered. In the objection a specific plea was taken that the meeting dated 14.2.2015 in which decision was purportedly taken to hold elections on 26/27 February 2015 was illegal as it was convened by the expelled secretary and that quorum in the said meeting was not complete. Eleven members were shown to have participated whereas signatures of five members was forged. Several other pleas have also been raised on the basis of which effort was made to demonstrate that the order dated 14.7.2015 was obtained by the contesting respondent by fraud and manipulation.
(3.) The second respondent taking cognizance of the complaint made by the petitioners issued a notice on 30.7.2015 to the third respondent fixing 10.8.2015. In response thereto, the third respondent filed detailed objection on 10.8.2015 raising various pleas, one of which was that the second petitioner is not a member of the general body. It was further contended that on 31.3.2015 an order was passed by the second respondent repelling all the contentions relating to the validity of the election proceedings and in such view of the matter, it is not open to the petitioners to set up any further claim. On 17.8.2015, the third respondent filed further objections.;