- (1.) Heard Sri Atiq Ahmad Khan, learned counsel for the petitioners and Sri I.R. Singh, who has put in appearance on behalf of the respondent Nos. 4 and 5.
(2.) By means of the present writ petition, it is prayed that the order dated 6-7-1998, Annexure 1 to the writ petition, passed by the respondent No. 1 - Assistant Registrar, Firms, Societies and Chits, U.P., Varanasi be quashed and the respondent Nos. 2 and 3 be directed not to pass any consequential order or to interfere in the smooth functioning of Committee of Management of which Ghulam Rabbani, petitioner No. 2 is the Manager.
(3.) Madarsa Islamia Garaundi, Adalhat, Mirzapur is admittedly a minority institution. The election of the Committee of Management was admittedly held on 22-1-1995 in which Ghulam Rabbani and Abdul Khaliq were elected as President and Manager, respectively. The term of the Committee was three years, meaning thereby, it was to expire on 21-1-1998. The committee consisted of 12 members out of which 6 were office bearers and the remaining six members also included the respondent Nos. 4 and 5. Shaukat Ali respondent No. 4, who was the member of the committee, published a news item that on 7-10-1997, a no confidence motion has been passed against Ghulam Rabbani and Abdul Khaliq and that Shaukat Ali has been appointed as Manager. The petitioners are alleged to have called a meeting of the General Body on 19-10-1997 in which it was decided that allegations of no confidence motion have been carried out as baseless as no meeting for the purpose was held and that in order to put an end to unwarranted controversy raised by respondent Nos. 4 and 5, fresh elections be held on 2-11-1997. Fresh elections were held on 2-11-1997 under the supervision of one Shamim Ahmad Deblasi who was appointed as Election Officer. Ghulam Rabbani and Abdul Khaliq were again elected as President and Manager. Due intimation of the above fact was given to the respondent Nos. 1 and 3 and the relevant documents were also submitted to them.;