- (1.) Heard counsel for the petitioners, learned standing counsel for respondents 1, 2 & 3 and Sri D.V. Singh for respondent 4.
(2.) Madarsa Arabia Faizul Kuran, district Mau is a registered society under the provisions of Societies Registration Act, 1860. The Assistant Registrar by order dated 10.12.2015 held that the term of the erstwhile committee had expired on 5.8.2010 and since no valid elections had been held thereafter and consequently, invoking his power under Section 25(2) of the Act nominated Finance and Accounts Officer as Election Officer for conducting the elections of the Committee of Management of the Society. By the same order, a list of 32 members comprising the general body was also notified for purpose of holding the elections, after excluding the name of dead persons. The petitioners, who had set up a rival claim before the Assistant Registrar, but which came to be discarded, have now preferred the instant writ petition contending that they had preferred objections before the Assistant Registrar on 11.1.2016 for excluding name of certain persons from the list of 32 members of the general body notified by the Assistant Registrar by his order dated 10.12.2015. The objection was to the effect that two persons had died, two have submitted their resignations and another two had been convicted and thus, the six persons are to be excluded from the list of 32 members notified by order dated 10.12.2015. It is urged that during the pendency of these objections, the Finance and Accounts Officer, who is acting as Elections Officer, has notified the election programme, according to which, elections are now to be held on 7 February, 2016. Aggrieved by the election notification dated 23.1.2016 and the order of the Assistant Registrar dated 10.12.2015, the petitioners have approached this Court by way of instant writ petition.
(3.) At the very outset, counsel for the petitioners stated before this Court that the petitioners are not challenging that part of the order of the Assistant Registrar whereby elections are to be held under Section 25(2) of the Act. It is submitted that the grievance of the petitioners is confined to the other part of the order, whereby the general body has been determined by the Assistant Registrar as comprising of 32 members. It is urged that the election notification is illegal on account of the fact that the objections preferred by the petitioners have remained undisposed of.;