Hon’ble Sunil Ambwani, J.—Heard Shri Ravi Kiran Jain, Senior Advocate assisted by Shri R.K. Awasthi for the petitioner. Learned Standing Counsel appears for the Assistant Registrar, Firms, Societies & Chits, Allahabad-respondent No. 1. Shri Ravi Kant, Senior Advocate assisted by Shri Saroj Yadav appears for respondent Nos. 2 and 3. There is no dispute on facts, and thus with the consent of parties, the writ petition was heard and is finally decided at the admission stage.

2. The petitioner is the acting President and Life Member of the ‘Prayag Sangeet Samiti, Allahabad’-a Society registered under the Societies Registration Act, 1860 (in short the Act) as amended in Uttar Pradesh. The Samiti is a prestigious cultural institution in the city of Allahabad established for advancement and popularisation of classical Indian Music, both vocal and instrumental. He has filed this writ petition challenging the election programme announced by the Assistant Registrar, Firms, Societies and Chits, Allahabad, on April 1, 2008 calling the members of the Samiti to elect the Executive Committee of the Society under Section 25 (2) of the Act.

3. The election programme provides for filing of nominations on 22.4.2008 from 12.00 to 02.00 p.m. in the office of Assistant Registrar, Firms, Societies & Chits, Allahabad; the scrutiny of nomination papers on 23.4.2008 from 12.00 to 2.00 p.m. in his office; the withdrawal of nomination papers on 25.4.2008 from 12.00 to 02.00 p.m. in his office; the publication of the list of valid candidates on 26.4.2008 (Saturday) in his office; casting of ballots on 29.4.2008 (Tuesday) from 11.00 a.m. to 03.00 p.m. and counting of votes from 03.00 p.m. at the registered office at Kamla Nehru Road Allahabad, and declaration of results on the same day at the registered office of the society.

4. Shri Ravi Kiran Jain, Senior Advocate, appearing for the petitioner, states that the last elections of the office bearers of the Executive Committee were held on 29.11.2003. These elections were challenged in Writ Petition No. 53466 of 2003, J.N. Chaturvedi, Advocate, High Court v. Registrar, Firms, Societies and Chits, U.P. Lucknow and others, 2004 (1) AWC 817. The objects, purpose and activities of the Samiti, its registration, and the facts leading to its last elections of the Executive Committee dated 29.11.2003, are given in paragraphs 2 to 6 of the judgment by Hon’ble Mr. Justice S.U. Khan. Shri J.N. Chaturvedi had challenged the elections held on 29.11.2003, held under the orders of the Assistant Registrar dated 11.9.2002. The Assistant Registrar had then stayed the elections. In an Appeal the Registrar had stayed the orders and allowed the elections to be held. The Court did not interfere with the elections and directed the parties to adopt the procedure under Section 25 of the Act providing for challenging the elections. Apart from that it was also observed that the person aggrieved has got remedy of filing a suit of challenging the elections. The elections held on 29.11.2003, were not challenged.

5. The Executive Committee elected on 29.11.2003 continued for a term of three years. The registered bye-laws of the Society provide in Chapter-Ill Rule-3 that the term of the office bearers will be three years from the date of their election till the next election of the office bearers. The office bearers elected on 19.11.2003 as such continued even after expiry of its term.

6. Clause-3 of the Bye-laws of the Samiti in Chapter III provides for elections of office bearers :

“3. The office bearers shall be elected every three years by a majority vote from amongst the life members of the Samiti, at a General Meeting specially called for the purpose in the month of March.

The term of the office bearers will be from the date of their election till the next election of office bearers.”

7. The petitioner states that as Acting President he had a right to call the meeting and for that purpose he had to give directions to the Secretary, w