Siddhartha Varma, J. - (1.) An election was held on 13.3.2007 with an electorate on 56 members. Thereafter 12 members died and 44 members remained. However, when on 12.2.2012, election was again held with 114 members, the respondent No. 2 objected by filing a writ petition which was numbered as Writ Petition No. 54608 of 2012. This writ petition was allowed on 19.10.2012 with the following directions:- "I have also heard the learned Standing Counsel who also does not propose to file any counter-affidavit and he prays that the matter be disposed of at this stage itself. Sri. Ojha has expressed his apprehension that every time the petitioner has been making applications for transfer of the case. Transfer or re-transfer will hardly make any difference now, inasmuch as, the court is satisfied that the impugned order, dated 19.9.2012 is in violation of principles of natural justice for having not considered the matter in the light of the notice, dated 7.9.2012 and the reply submitted by the petitioner. Accordingly, the order, dated 19.9.2012 is quashed. The Assistant Registrar is directed to decide the matter again as expeditiously as possible preferably within a period of two months from the date of presentation of a certified copy of this order before him after affording opportunity of hearing to the parties. The matter shall now be transferred to the Assistant Registrar, Firms, Societies & Chits Gorakhpur within whose jurisdiction the entire matter lies and the dispute shall be decided by him without entertaining any application of further transfer. The writ petition is allowed and disposed of with the aforesaid directions. The Assistant Registrar at Allahabad shall transmit the entire records to the Assistant Registrar Gorakhpur forthwith to be decided within two months"
(2.) Thereafter the Assistant Registrar Firms, Societies & Chits Gorakhpur Mandal, Gorakhpur decided the matter on 13.6.2013 and found that the election held under the provisions of Section 25(2) of the Societies Registration Act, 1860, with a list of 124 members was proper and directed that the society be registered under Section 4 of the Societies Registration Act, 1860. Aggrieved thereof, the respondent No. 2 again filed a writ petition being Writ Petition No. 35749 of 2013 in which the following order was passed on 5.7.2013:- "In the opinion of the Court, acceptance of document after the close of hearing is legally not justified. After the documents were taken on record, opportunity should have been afforded to the parties concerned to controvert the same, before close of the hearing. Since, such procedure has not been followed, in the facts of the case, this Court holds that determination of electoral college under the order impugned based on the document produced on 20.05.2013 cannot be legally sustained. Accordingly, the order of the Assistant Registrar to that extent is quashed. The list appended to the order impugned dated 13.06.2013 comprising of 124 members be treated to be the tentative list. Petitioner is at liberty to file his objections within two weeks from today along with a certified copy of this order before the Assistant Registrar who shall finalize the electoral college afresh, after affording opportunity of hearing to the parties concerned, preferably within four weeks from the date the objections are filed. The elections of the office bearers shall be held from the electoral college so determined, within two weeks thereafter. Any person aggrieved by the electoral college or the elections to be held shall be at liberty to proceed under Section 25(1) of the Societies Registration Act or by way of civil suit, only after the elections are over. "
(3.) The effect of the order dated 5.7.2013 which was passed in Writ Petition No. 35749 of 2013 was that the order of the Registrar dated 13.6.2013 was set aside. The list comprising 124 members was treated as a tentative list and the petitioner therein i.e. respondent No. 2 here was granted the liberty to file his objections against the list within 2 weeks from the passing of the order dated 5.7.2013 by the High Court. The Assistant Registrar, thereafter, upon objections being filed was to finalize the electoral role afresh. He was to provide an opportunity of hearing to all the parties concerned.;