Attau Rahman Masoodi, J. - (1.) These two writ petitions pertaining to the same society were heard together and are being decided by a common judgment.
(2.) Writ Petition No.2701(M/S) of 2018 is directed against the order passed by Sub Divisional Officer, Sadar, Hardoi whereby the preliminary objections raised by the petitioner against the maintainability of a dispute raised by opposite party no.4 under Section 25(1) of the Societies Registration Act, 1860 was deferred for consideration and it is observed that the preliminary objection so raised shall be considered by him at the time of hearing the matter finally on all the aspects.
(3.) Learned counsel for the petitioner has urged before this Court that once the preliminary objection goes to the root of the matter, the authority exercising a statutory power, would be under an obligation to deal with an objection of sinequa non for the exercise of power. The disposal of such a plea cannot be deferred by subjecting the petitioner to participate in the proceedings after filing detailed objections.;