- (1.) ASHOK Bhushan and Arun Tandon, JJ. With the consent of the learned counsel for the parties, the special appeal is being decided today without calling for further affidavits.
(2.) THIS intra-Court special appeal has been preferred against the last but one paragraph of the judgment of the Hon'ble single Judge dated 7. 8. 2008, passed in Writ Petition No. 30809 of 2008, wherein the learned single Judge has made it open for the writ petitioners to file their objections in respect of the elections of the office bearers of the Society, held under the control and supervisions of the Assistant Registrar, Firms, Societies and Chits, Azamgarh before respondent No. 4, i. e. , the Registrar, Firms, Societies and Chits, U. P. , Lucknow. It has further been provided that objections so filed may be decided by the respondent No. 4 on the basis of relevant record by means of a reasoned and detailed order. Counsel for the appellants contends that such direction of the High Court virtually amounts to conferring a jurisdiction not vested in the authority concerned. The contention so raised on behalf of the appellants is opposed by the learned counsel for the writ petitioners/respondent Nos. 1 to 5. It is submitted that since elections, held by the Assistant Registrar, were not in accordance with the approved bye-laws of the Society and further in violation of the order of this Court dated 19. 3. 2008, the learned single Judge has rightly directed the Registrar, Firms, Societies and Chits, U. P. , Lucknow to examine the grievances of the writ petitioners and pass a reasoned order. We have heard learned counsel for the parties, as well as learned counsel for the writ petitioners. Facts relevant for deciding this appeal are :
(3.) THE prescribed authority, in a reference under Section 25 (1) of the Societies Registration Act, 1860, by means of the order dated 27. 10. 2007, held that elections set by both the parties of the year 2004 have not taken place in accordance with the bye-laws of the Society. He proceeded to record that both the elections held on 26. 8. 2004 and on 21. 9. 2004 were invalid. The Assistant Registrar, Firms, Societies and Chits, Azamgarh, in exercise of his power under Section 25 (2) of the said Act proceeded to hold fresh elections. and notified the election programme accordingly. The writ petition filed against the said order was dismissed by this Court vide order dated 19. 3. 2008 with a further direction that elections be held after enrolment of new members. The Assistant Registrar in exercise of delegated powers of the Registrar under Section 25 (2) is stated to have held fresh elections without enrolment of new members from alive life members only.;