Rakesh Tiwari, J. - (1.) HEARD Sri Somesh Khare, learned counsel for the petitioners, the learned Standing Counsel for respondent Nos. 1 and 2 and Sri Faheem Ahmad, learned counsel for respondent No. 3. Perused the record.
(2.) THE petitioners have challenged the impugned order dated 15.12.2008 passed by respondent No. 2, Assistant Registrar, Firms, Societies and Chits, Azamgarh on the ground that the impugned order aforesaid is illegal and arbitrary having passed on speculation and presumption without noticing the facts taken by them in their objection as well as the objections dated 17.3.2008 filed by respondent No. 3 which clearly admit the fact that Sri Inayatullah had already resigned and the charge was given to President Sri Ramzan. The impugned order is also challenged on the ground that respondent No. 2 has illegally proceeded to decide the dispute of committee of management elected by the members of the society under Section 25(1) of the Societies Registration Act, 1860 (in short the 'Act') which was without jurisdiction and such dispute of committee of management could only be decided under the provisions of Section 25(1) of the Act. The relief claimed by the petitioners is for issuance of a writ, order or direction in the nature of certiorari for quashing the impugned order dated 15.12.2008 passed by respondent No. 2, the Assistant Registrar, Firms, Societies and Chits, Azamgarh and for issuance of writ of mandamus commanding respondent No. 2 not to interfere in the functioning of the Committee of Management headed by petitioner No.2, Sri Mukhtar Ahmad son of late Abdul Gaffoor, resident of village and post Gaderua, District Azamgarh as President of Madarsa Arabiya Noorul Olum Gaderua, District Azamgarh.
(3.) THE facts of the case are that Madarsa Arabiya Noorul Olum Gaderua, Azamgarh is a society registered under the Societies Registration Act, 1860. Sri Mukhtar Ahmad, petitioner No. 2 claims himself to be the Nazim i.e. Manager of the society and petitioner No. 3 claims himself to be the Sadar i.e. President of the society. According to the bye-laws of the society, the term of the committee of management is 5 years and comprises of 9 office bearers i.e. Sadar/President, Nayab Sadar/Vice- President, Nazim/Manager, Nayab Nazim/Deputy Manager, Khajanchi/Teasurer, Auditor and two members. The society was registered under the Societies Registration Act, 1860 on 28.4.1992 and is said to have been renewed from time to time and its office bearers were also approved by respondent No. 2.;