Jayant Banerji, J. - (1.) Order on the memo of the appeal: By means of this Special Appeal filed under Chapter VIII, Rule 5 of the Allahabad High Court Rules, the appellants have challenged the judgement dated 1 February 2018 passed in Writ-C No.- 2276 of 2014 (Shiv Nath Mishra and 2 Others Vs. State of U.P. and 2 Others) whereby the writ petition filed by the petitioner/respondent nos. 2, 3 and 4 has been allowed and the order of the Assistant Registrar Firms, Societies & Chits, Gorakhpur dated 16 December 2013 was quashed and the matter was remanded back to the Assistant Registrar to ascertain the electoral roll as per the guidelines provided in Section 4-B of the Societies Registration Act, 1860(The Act).
(2.) Heard learned counsel for the appellants, learned Standing Counsel appearing for respondent no.1 and Shri R.K. Ojha, learned Senior Counsel assisted by Shri Sanjay Mishra, Advocate, appearing for the petitioner-respondent nos. 2, 3 and 4.
(3.) The facts as stated in the writ petition are that Shanker Janta Vidyalaya Kasili (The Society), District Deoria is a registered society under the Act having its own by-laws which is running an institution known as Shanker Janta Vidyalaya Kasili, District Deoria which is duly recognized under the U.P. Basic Education Act. The petitioner/respondent nos. 2 is the former Manager of the Committee of Management of the Society and the petitioners/respondent nos. 3 and 4 are life members of the General Body of the Society. In pursuance of an order dated 8 February 2007 passed by this Court in Civil Misc. Writ Petition No.- 6994 of 2007, election to the Committee of Management of the Society was held on 13 March 2007, in which the petitioner-respondent no. 2 was elected as the Manager.;