- (1.) HEARD Sri D. P. Dwivedi, learned counsel for the petitioners and learned Standing Counsel.
(2.) IN the instant writ petition, the petition ers have assailed the order dated 14-5-2008 passed by the Deputy Registrar, Firms, Soci eties & Chits, Faizabad, on the complaint of opposite party No. 3-Mohd. Kalam Khan and the order dated 10-10-2008, passed by oppo site party No. 1 whereby the dispute has been referred under Section 25 of the Societies Registration Act to the Prescribed Authority. In short the facts of the case as averred in the writ petition are that petitioner No. 1-Ittahadul Muslemeen Maktab Islami School Society is a society registered under the Soci eties Registration Act, 1860 and it was renewed from time to time. The petitioner No. 2, who is the founder member of the society, is said to be the Manager of the Society. The affairs of the Society as well as the schools run and managed by the said Society are governed by the Bye-laws which are duly registered. Dur ing the period 9-2-2003 to 9-2-2008, Fazlul Haque was the President and Farid Ahmad was the Manager of the Society. On 28-12-2005, Farid Ahmad expired. According to the bye-laws of the Soci ety, the membership of a member ceased to exists after his death. Thus, after the death of Farid Ahmad, his membership was ceased to exist and according to the procedure as laid down in the bye-laws, Shri Badrul Hasan, the Assistant Manager, was given the Charge of the Manager for the residual term of the Com mittee of Management. On 5-1-2008, election for electing the office bearers of the Commit tee of Management was held in which, Fazlul Haque was elected as Manager and Abrar Hussain as President. Thereafter, an applica tion for renewal of registration of the Society was submitted to the Registrar, Firms, Societies and Chits, U. P., Lucknow through its Manager Fazlul Haque, to which no objection was filed by any person and as such, the petitioner's society was renewed on 18-2-2008 for a period of five years from 9-2-2008 to 9-2-2013 by the Registrar. Subsequently, on 10-3-2008, the opposite party No. 3 made a complaint to the Deputy Registrar, to which, reply along with the relevant documents were filed by the petitioner on 11-4-2008.
(3.) ACCORDING to the petitioners, while the petitioner No. 2 was on the way to Sultanpur on 25-1-2008, his bag was lost, in which there were several documents along with the regis tration certificate. Thereafter, the Deputy Reg istrar, vide order dated 14-5-2008, decided the complaint of the opposite party No. 3, observ ing therein that the registration granted on an application of the petitioner, and the renewal was granted on the basis of election held on 15-2-2006 by opposite party No. 3. Thereaf ter, the petitioners made a complaint under Section 24 of the Societies Registration Act against the opposite parties Nos. 2 and 3 be fore the Registrar, Firms, Societies and Chits, Lucknow on 28-6-2008, to which, notices were issued and both the parties have filed their respective reply as well as documentary evidence. The Registrar, after perusing all the documents, which were placed on record and after hearing both the parties, decided the com plaint of the petitioner on 10-10-2008, wherein the Registrar has observed that Fazlul Haque Khan has never been ousted from the Society and the dispute in the present matter is related to the post of Manager of the Society and as such, directed the Up-Ziladhiakari to decide the dispute under Section 25 of the Societies Registration Act as the matter is related to elec tion of the Manager. Feeling aggrieved, the pe titioners have preferred the instant writ peti tion. Learned counsel for the petitioners has submitted that the dispute in the matter re garding the existence of Registration of the Society, but it does not involve any dispute regarding election to the post of Manager and as such, the order passed by the Registrar to the extent that the matter involve election of the Manager is against the facts and law. He has submitted that, at the time of submitting the application for renewal of registration, the name of Badrul Hasan Khan and late Mueed Ahmad Khan was not there and in their place, the name of Sri Haleem Khan and Sri Lallan Khan was there but after the society was reg istered for the period of five years i.e. from the years 1988 to 1993, both persons, namely, Haleem Khan and Lallan Khan resigned from the membership of the society and in their place, Sri Badrul Hasan Khan and late Mueed Ahmad were inducted as the members of the Society. Thus, both the above persons were the members of the Society since the incor poration of the society.;