- (1.) Shailendra Singh and two others are before this Court assailing the validity of the judgment and order passed by the learned Single Judge of this Court in Writ Petition No. 17295 of 2017 (C/M Balidan Smarak Shiksha Parishad and another v. State of U.P. and others) filed by the contesting petitioner respondent nos. 3 and 4, whereby the writ petition in question has been allowed and the order impugned in the writ petition dated 19.1.2017 passed by the Assistant Registrar, Firms, Societies and Chits, Azamgarh Region, Azamgarh, has been set-aside with the further direction to refer the dispute in question to the Prescribed Authority under Section 25 (1) of the Societies Registration Act, 1960, within a period of two weeks from the date a certified copy of the said order was filed before him.
(2.) Brief background of the case giving rise to the present special appeal is that there is a society known as Balidan Smarak Shiksha Parishad, Punapar Baragaon, Post Jamin Harkhori, Tehsil Sagri, District Azamgarh (hereinafter referred to as the "Society") which is a society duly registered under the Societies Registration Act, 1860 (hereinafter referred to as the "Act"). The affairs of the aforesaid society are governed by its bye-laws, as amended from time to time. The previous election of the committee of management of the society was held on 25.1.2015 and in the said election Dr. Shailendra Singh was elected as President, Sri Markandey Mishra was elected as Sabhapati, Sri Ram Udai Singh was elected as Up Sabhapati, Sri Sudhir Singh was elected as Manager, Sri Anil Singh was elected as Deputy Manager and Sri Kamla Kant Singh was elected as Secretary. In all 13 members and office bearers were elected in the said elections. Based upon the aforesaid elections a list of office bearers for the year 2015-16 was submitted in the office of Assistant Registrar, who passed an order on 1.5.2015 registering the aforesaid list. The problem arose on account of death of Sri Sudhir Singh on 28.10.2015, who was the Manager.
(3.) As per the appellants the procedure to fill up a casual vacancy which occurs in the management is prescribed under the bye-laws, wherein according to clause N-4 it is the committee of management which has to pass resolution for filling up the said casual vacancy and after passing such a resolution it is required to get it approved by the General Body by 2/3rd majority and it is in this manner prescribed that a casual vacancy which occurs in the committee of management of the society is to be filled up. Appellants claim that the contesting respondent nos. 3 and 4 claimed that a meeting of the committee of management was held on 28.11.2015 which was followed by a meeting of the General Body that was held on 18.12.2015. In these meetings, he claimed to have been elected as Manager in place of Late Sudhir Singh. It was further claimed by him that a meeting of the committee of management was, thereafter, held on 20.12.2015 in which it was decided to submit the amended list of office bearers before the Assistant Registrar and in pursuance of the said resolution he submitted a list in the office of Assistant Registrar on 31.12.2015 with a request to register the same under Section 4 of the Act.;