Mahesh Chandra Tripathi, J. - (1.) In all the abovemetioned Writ Petitions in question, as common question of law has been engaging the attention of this Court, with the consent of parties, the matters are being decided collectively and Writ Petition No. 54882 of 2013 is being treated to be leading case.
(2.) Earlier on 28.01.2014, the present Writ Petition was disposed of by learned Single Judge with following observations:- "On 7.1.2014 the matter was adjourned and it was made clear that in the next date the matter shall be disposed of. On 20.1.2014 the learned counsel for the respondents Shri Amit Saxena was not present and as such the matter was placed in the additional cause list on 28.1.2014, and the learned counsel for the petitioners was directed to inform Shri Amit Saxena, learned counsel for the respondents in writing. Learned counsels for the petitioners Shri N.C. Tripathi and Shri Anil Bhushan have produced the notices intimating Shri Amit Saxena that the case shall be taken up today. The notice has been received by the clerk of Shri Amit Saxena. All the notices are taken on record. The dispute in the connected writ petition is that the Society in the name of Thakur Biri Singh Educational Society, Tundla, District Firozabad is registered under Societies Registration Act. The Society runs the educational Institutions. The dispute arose with regard to the office bearers of the Society. In the Society last election was held on 18.1.1987 and thereafter no fresh election could take place. The Assistant Registrar vide his order dated 17.5.1990 issued an order that in view of the fact that the term of office bearers had expired, the election was directed to be held in terms of Section 25 (2) of the Society Registration Act. The said order was challenged be means of writ petition no.12999 of 1990 wherein an interim order was granted initially. However, the said writ petition was dismissed on 24.9.1990 as infructuous. In the meantime, the elections were held periodically by the rival committee but several writ petitions were filed. The Assistant Registrar thereafter vide order dated 25.7.2002 again passed an order for holding the election in terms of Section 25(2) of the Societies Registration Act. The said order was challenged by means of writ petition no.32955 of 2002 by one Shri Sugriv Singh. The said writ petition was dismissed on 28.7.2003 for non-prosecution. By the impugned order, in writ petition no.54882 of 2013 the Assistant Registrar has registered the list of office bearers submitted by respondent no.3. Heard Shri N.C. Tripathi and Shri Anil Bhushan, learned counsel for the petitioners, Shri Hemendra Chaudhary and learned standing counsel appearing for respondents. The learned counsels for the petitioners have drawn attention of this Court to the order passed by this Court in writ petition no.27329 of 2010 wherein a direction has been issued that the Deputy Registrar shall finalize the electoral roll after giving the opportunity to all the three rival committees and hold the election, on the basis of the said electoral roll. The petitioners have also invited the attention of the Court to the order of prescribed authority dated 19.5.2012 wherein a direction has been issued to determine the electoral roll in reference to order passed by the Court on 13.5.2010. The prescribed authority with the above direction cleared the proceedings and sent back record to the office of Assistant Registrar. Undisputedly the election in terms of the order of Assistant Registrar dated 17.5.1990, the order dated 25.7.2002 and the order of the prescribed authority dated 19.5.2012 has not been held. It is a trite law that once the terms is over of the Society then the Assistant Registrar has got the power to hold the election under section 25(2) of the Act. After careful consideration of the matter, I am of the view that it is expedient in the interest of justice that the election may be held as early as possible, accordingly the following direction is issued with the consent of the parties. (a) The Assistant Registrar shall nominate an Officer as Election Officer to hold the election; (b) The Election Officer shall call list of the members from all the rival groups within two weeks from the date of the appointment as Election Officer; (c) On the basis of the list, supplied by the rival group, he will publish the tentative electoral roll and will call the objection to the tentative electoral roll; (d) After receiving the objections, the Election Officer shall decide the objection by the brief reasons and finalize the electoral roll within six weeks from the date of receiving the objections; (e) On the basis of the electoral roll the election shall be held within four weeks; (f) Any party aggrieved by the election will be at liberty to adopt the remedy available under law. With the aforesaid directions, all the writ petitions are disposed of."
(3.) The contesting respondent namely Surendra Singh Nauhar has assailed the validity of the said order in Special Appeal no.222/2014 and the same was allowed by setting aside the said order and the matter was remanded back to decide the same afresh on the ground that the writ petition was allowed without quashing the order dated 03.09.2013 passed by Deputy Registrar, Firms Societies and Chits Agra, which was impugned in Writ Petition no.54882/2013. Relevant paragraphs of the said judgement is being quoted below:- "Be that as it may, we find that there is neither any mention nor any discussion about the order of the Deputy Registrar dated 3.9.2013 in the judgement of learned Single Judge. The findings recorded by the Deputy Registrar, are contrary to the directions issued by learned Single Judge. We are also of the view that since Sri Amit Saxena is not present at the time of hearing, the order cannot be treated as a consent order for issuing any directions. For the aforesaid reasons, the special appeal is allowed. The order of learned Single Judge dated 28.1.2014 is set aside and the matter is remanded to the Single Judge to decide it afresh, taking into consideration the findings recorded by Deputy Registrar, Firm, Societies and Chits, District Agra in his order dated 3.9.2013.";