- (1.) The petitioner, who claims himself to be the manager of committee of management of Janta Uchchatar Madhyamic Vidyalaya society, Basti, has approached this Court challenging the order dated 6 January, 2016 passed by Deputy Registrar, Faizabad Region, Faizabad. By the said order, the Deputy Registrar in consequence to a report submitted to him by the Finance and Accounts Officer, Madhyamic, Basti in relation to elections of the society Janta Uchchatar Madhyamic Vidyalaya society, Basti, has clarified that ex-officio members of the society, namely District Manager (Basti), President Zila parishad (Basti) and Manager of Seksaria Sugar Mills Private Limited, Bhabhnan (Gonda) being ex-officio members, will have voting rights.
(2.) It appears from the record that by order dated 16.11.2015, Deputy Registrar, Faizabad Region, Faizabad having come to the conclusion that no valid elections of the committee of management of the society had been held after 4.6.1993, invoked power under Section 25(2) of the Societies Registration Act, 1860 in directing the elections to be held from the list of 29 members of the general body.The list of the 29 members was made part of his order, which includes the name of three ex-officio members referred to above. The District Inspector of Schools nominated Finance and Accounts Officer, Madhyamic, Basti as Elections Officer. He, by his letter dated 21.12.2015 sought clarification in respect of status of ex-officio members and whether they will have voting rights or not. On receipt of such report, the Deputy Registrar, Faizabad Region, Faizabad, by impugned order dated 6.1.2006, clarified that the ex-officio members being the members of the general body under bye-law no. 2 (5), would have voting rights.
(3.) It further transpires from the record that the petitioner had in the past, preferred a writ petition before the Lucknow Bench of this Court challenging the order dated 16.11.2015 and the aforesaid writ petition was duly entertained. By order dated 14.12.2015 passed in the said writ petition, the elections were permitted to be held, but they were subjected to final orders to be passed in the writ petition. The aforesaid writ petition is still pending.;