Manoj Kumar Gupta, J. - (1.) The petitioner, who claims to be a member of General Body of a Society named Chak Chaubey Palaya Development Block Higher Education Expansion Association, Pakardeeha, Azamgarh, sought a reference under Section 25(1) of the Societies Registration Act, 1860 (for short, 'the Act') challenging orders passed by Assistant Registrar dated 23.1.2014 and 6.3.2014. By order dated 23.1.2014, the Assistant Registrar, for purposes of holding election of the Managing Committee of the Society in exercise of power under Section 25(2) of the Act, had notified a provisional list of members inviting objections, to facilitate finalisation of Electoral College. By subsequent order dated 6.3.2014, he finalised the Electoral College. The Prescribed Authority by an order dated 15.3.2014 stayed the orders dated 23.1.2014 and 6.3.2014. The aforesaid orders were subjected to challenge by Shambhu Narain Yadav and one other person by filing Writ C No. 19288 of 2014. The writ petition was allowed by an order dated 2.4.2014, after holding that the Prescribed Authority does not have power to pass interim orders. After setting aside the orders impugned in the writ petition, this Court directed the Prescribed Authority to decide the reference in accordance with law. The Prescribed Authority has now passed the impugned order dated 19.7.2018 whereby, it has taken a view that the reference sought by the petitioner does not fall within the ambit of Section 25 of the Act and it has accordingly been rejected.
(2.) Sri S.N. Singh, counsel for the petitioner submitted that after this Court decided Writ C No. 19288 of 2014 and directed the Prescribed Authority to decide the reference, an objection was raised before the Prescribed Authority that reference is not maintainable. The predecessor of the present officer decided the said issue by an order dated 2.7.2015 and held that the reference is maintainable. It is urged that after reference was held to be maintainable, the present incumbent was not justified in dismissing the reference by observing that it does not fall within the ambit of Section 25(1) of the Act.
(3.) Under Section 25(1) of the Act, the Prescribed Authority is invested with the power to decide reference made to it by the Registrar or by at least one-fourth members of the Society in relation to any doubt or dispute in respect of the election or continuance in office of an office bearer of a Society. Proviso to sub-section (1) reads thus:- "Provided that the election of an office-bearer shall be set aside where the prescribed authority is satisfied- (a) that any corrupt practice has been committed by such officer-bearer; or (b) that the nomination of any candidate has been improperly rejected; or (c) that the result of the election in so far as it concerns such office-bearer has been materially affected by the improper acceptance of any nomination or by the improper reception, refusal or rejection of any vote or the reception of any vote which is void or by any non-compliance with the provisions of any rules of the society.";