- (1.) Sri H. G. S. Parihar, learned Senior Advocate assisted by Sri Ghulam Mohammad Kamil, learned Counsel for the appellants, Sri Gopal Kumar Srivastava, learned Standing Counsel for the State-respondents and Sri Mohd. Ateeq Khan, learned Counsel representing respondent Nos.4 and 5.
(2.) The appellants had filed Misc. Single No.2744 of 2015, Mohammad Altab & another v. State of U.P. and others, assailing the correctness of the order passed by the Deputy Registrar dated 10.04.2015 whereby the Deputy Registrar had referred the dispute relating to the election of the appellants' Society under Section 25 (1) of the Societies Registration Act, 1860 to the Prescribed Authority for adjudication on the finding that the elections in question had been held on 6.3.2013 on the basis of an invalid Voters' List. According to the learned Senior Advocate, during pendency of the petition, there was an interim order dated 4.8.2015 by which the order passed by the Deputy Registrar was stayed till the next date of listing provided the proceedings under Section 25 (1) have not been concluded. It is not in dispute that the proceedings under Section 25 (1) had not been concluded, as such according to the learned Senior Advocate, the appellants continued to manage the affairs of the Society under the interim order. The learned Single Judge after considering the rival submissions dismissed the writ petition and affirmed the order passed by the Deputy Registrar dated 10.4.2015.
(3.) Number of arguments have been advanced on behalf of the appellants. However, having considered the submissions and the facts and circumstances of the case, we feel that the ends of justice would be served by issuing the following directions for the reasons mentioned alongwith the directions:- (1) The disputed elections are dated 6.3.2017 and the term of the committee is 5 years, as such the term is going to expire on 5.3.2018. Thus, without recording any finding on the validity of the Voters' List, we feel that the Deputy Registrar will re-consider the membership and pass a fresh order finalizing the Voters' List and on the basis of the same, the elections may be held under the supervision of the Deputy Registrar by appointing a nominee or he may himself get the elections conducted before expiry of the term of the committee of management. (2) Till fresh elections are held and the new committee is elected, since the appellants have continued, we are not restraining them from continuing but they will continue to manage the day-to-day affairs of the Society and will not take any policy decision or intermingle the assets of the Society.;