MANOJ MISRA,J. - (1.) Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Man Bahadur Singh, for the petitioners; learned Standing Counsel for the respondents 1, 2 and 3; and Sri J.P. Singh for the respondent no.4.
(2.) As there is no factual dispute in respect of the ground on which this order is being passed, with the consent of the learned counsel for the parties, this petition is being decided finally.
(3.) Briefly stated facts giving rise to the present petition are as follows:- In respect of a society named Ram Krishna Vidya Mandir, Maanpur, District Azamgarh (in short the society), which is registered under the provisions of Societies Registration Act, 1860 (in short the Act, 1860), a dispute in respect of membership of the general body of the society came for adjudication before the Assistant Registrar, Firms, Societies and Chits, Azamgarh Division, Azamgarh (in short Assistant Registrar). The said dispute was adjudicated by the Assistant Registrar vide order dated 28.09.2016 thereby holding that the general body comprises of 44 members. As by the date of such determination election of office bearers of the society had already become over due, a decision was taken to hold election under Section 25(2) of the Act, 1860 and for that end an Election Officer was appointed with an instruction that if any of the 44 members had paid his membership subscription fee as per the bye-laws/rules of the society then he should be allowed to vote only after he has deposited such fee. But for such deposit no time limit was fixed.;