- (1.) S. H. A. Raza, J. Main trust of Sri K. P. Singh, in this writ petition is that the Registrar committed manifest error of law in not referring the matter to the Prescribed Authority to set at rest the disputes regarding the election of the membership of Educational Sahyogi Association Induipur, Tehsil Tanda, District Faizabad.
(2.) THE question as to whether it is incumbent upon the Registrar to refer such disputes to the Prescribed Authority or not, has been considered by a Division Bench of this Court very recently in Committee of Manage ment. Kisan Shiksha Sadan, Bankshi, District Basti v. Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpnr, 1995 (2) UPLBEC 1242, wherein it has been observed : "section 4 of the Act provides that a list of members of the managing body of a Society shall be filed with the Registrar. That list is maintained by the Registrar for the purpose of performing his administrative functions as a Registrar. Section 25 of the Act provides that whenever any doubt or dispute is raised regard ing the election of members of a managing body of a Society, the Registrar may refer such doubt or dispute to the Prescribed Authority for his decision. But when one-fourth members of the Society raise a doubt or dispute relating to the election of the members of managing body or Society, the matter automatically goes to the Prescribed Authority for decision and ia such a case the Registrar does not come into the picture. In exercising this power whether to refer or not any doubt or dispute relating to the election of member of the managing body of a Society to the Prescribed Authority, the Registrar has to apply his mind to the facts of the case and take a decision. In taking such a decision the Registrar will be quite justified to take into account all the relevant circumstances, as he has done in the present case. If an objection is raised about the member ship of a person. In our view, it is the duty of the Registrar, for his own administrative purpose to enquire into whether the person concerned is a member of the Society or not. If the Registrar, comes to the conclusion that such a person is not a member of the Society then he is under obligation to refer the dispute of doubt relating to his election to the Prescribed Authority for decision. " I have gone through the order passed by the Registrar, from which it is evident, that in the instant case the Registrar has applied its mind to the facts of the case to find out whether a set of the members who claim to be elected, were not members of the Education Sabyogi Association, Induidur, Husainpur Kalan, Tehsil Tanda, District Faizabad. Without further entering into the merit of the submissions, I am of the view that this writ petition raises factual disputes as to whether a set of members alleged to have been enrolled or not. The Registrar found that they were not properly enrolled in accordance with bye- laws of the Society. Hence he refused to register their names. Such a controversy cannot be decided in a writ petition. It would have been better for the petitioner to have approached the Civil Court for adjudication of this matter. But, instead he has raised that factual dispute before this Court, which cannot be adjudi cated by this Court in exercise of its jurisdiction under Article 226 of the Constitution. Writ petition is dismissed only the ground of availability of alternative remedy. Petition dismissed. .;