Sabhajeet Yadav, J. - (1.) BY this petition, the petitioners have challenged the order dated 27.10.2008 (Annexure-13 of the writ petition) passed by Prescribed Authority/Deputy Collector, Saidpur, Ghazipur in exercise of his power under Section 25(1) of the Societies Registration Act, whereby he has decided the dispute of members of general body of society and directed for holding fresh election of office bearers of society.
(2.) THE facts leading to the case are that Krishak Sangh, Uchauri, Ghazipur is a society registered under the Societies Registration Act, 1860 (hereinafter referred to as 1860 Act). It is stated in the writ petition that the aforesaid society was registered on 4.8.1952 by the petitioner No. 2 being one of the founder member of the aforesaid society. The name of answering respondent was also mentioned at SI. No. 7 in the Memorandum of Association. The petitioner No. 2 being a founder member of the society participated in the election held on 30.5.1995. It is stated that a writ petition No. 32428 of 2001 was decided on 26.10.2002 with a direction to the Assistant Registrar to finalize the list of members and to hold the election of committee of management. In pursuance thereof Assistant Registrar decided the validity of members of society on 25.8.2003 by which 14 members were found to be valid members of society. The name of petitioner No. 2 was mentioned at serial No. 13 of the list consisting of aforesaid members. A copy of order dated 25.8.2003 passed by Assistant Registrar is on record as Annexure-2 of the writ petition. Against the order dated 25.8.2003 Civil Misc. Writ Petition Nos. 39354 of 2003 and Writ Petition No. 46411 of 2003 were filed before this Court, which were allowed on 9.4.2004 holding that the Assistant Registrar, Firms, Societies and Chits, Varanasi has determined electoral college only on the basis that these 14 members are identical in both the lists submitted by contesting groups. It is stated that on a complaint, Registrar, Firms, Societies and Chits U.P., Lucknow called the record from the Assistant Registrar, Varanasi and decided the matter, by order dated 8.12.2005 with the direction to the Assistant Registrar to hold the election of committee of management from undisputed list of members of general body of society from which the election was held in the year 1995. Thereafter, the Assistant Registrar published the list of members on 19.8.2006 without deciding the membership and inviting any objection from the outgoing office bearers for holding the election of office bearers of society. Against the order dated 19.8.2006 passed by Assistant Registrar, the petitioners filed Civil Misc. Writ Petition No. 51157 of 2006 before this Court, which was disposed of on 14.9.2006 with the direction to the Registrar to clarify the list of members of society who were participated in 1995 election. Thereafter the Registrar, Firms, Societies and Chits U.P., Lucknow decided the matter vide order dated 11.4.2007 and published the list of 115 members as valid members of society with a direction to the Assistant Registrar to hold election of the office bearers of society from amongst them. Against the order dated 11.4.2007 the respondent No. 5 filed writ petition No. 22336 of 2007 before this Court. It is stated that the Assistant Registrar published the election programme on 16.6.2007 mentioning the valid members of the society. Against the aforesaid order, the respondent No. 5 filed writ petition No. 28657 of 2007 before this Court. All the writ petitions were consolidated and dismissed by this Court on 5.7.2007. It is further stated that the election of office bearers of the society was held on 8.7.2007 from amongst the valid members of society in which the petitioners Sri Loknath Singh was elected as President and Sri Ram Janam Singh was elected as Secretary. The recognition of aforesaid election of society was granted by the Assistant Registrar by registering the list of office bearers of the society on the basis of election dated 8.7.2007. Against the aforesaid order dated 8.7.2007 the respondent No. 5 filed writ petition No. 41926 of 2007 before this Court, which was dismissed on 3.9.2007.
(3.) IT is stated that there was no dispute in respect of election of society, which was held on 8.7.2007 by Assistant Registrar. The Registrar, Firms, Societies and Chits directed the Assistant Registrar to look into the matter and take appropriate steps for compliance of the order passed by this Court. The Assistant Registrar referred the matter before the Prescribed Authority on 20.3.2008. The respondent No. 5 filed a written complaint before the Prescribed Authority on 12.5.2008 claiming that the aforesaid election was not held from amongst valid members of society. Against the aforesaid complaint, the petitioner No. 2 filed an objection that the complaint filed by respondent No. 5 is not maintainable on the ground that the same has not been filed by 1/4 members of the society. The Prescribed Authority without deciding the validity of election of society dated 8.7.2007 has passed impugned order dated 27.10.2008 whereby he finalized the list of valid members of society and directed to the Assistant Registrar, Firms, Societies and Chits, Varanasi to hold election of office bearers of society from amongst the aforesaid list under Section 25(2) of the 1860 Act, hence this petition. A short counter affidavit has been filed on behalf of respondent No. 5/Sri Rajendra Prasad Pandey himself raising preliminary objection about the maintainability of the writ petition against the impugned order. It is stated that the remedy available to the petitioners or any other aggrieved person is to approach competent civil Court to establish his membership on the basis of evidence. In any case the dispute with regard to the membership of general body of society cannot be adjudicated or decided under extraordinary writ jurisdiction of this Court. It is further stated that the petitioners are guilty of suppressing material facts deliberately and apart from other illegalities, the present writ petition lacks merit and the same is liable to be dismissed with costs inasmuch as the petitioners have not disclosed relevant facts in the present writ petition.;