Honble Rakesh Tiwari, J.—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.

3. 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.

4. 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.

5. 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.

6. 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.

7. It appears that a dispute arose on account of submission of another list of committee of management allegedly is said to have been elected by the members of the society wherein one Sri Imtiyaz Ahmad son of Sri Inayatullah claimed himself to be its Manager. The objections alongwith an affidavit dated 17.5.2008 are said to have been filed by the then President Sri Mohd. Ramzan against the aforesaid list of office bearers of the committee of management submitted for approval showing Sri Imtiyaz Ahmad son of Sri Inayatullah as elected Manager.

8. The society runs an academic institution Madarsa Arabiya Noorul Olum in village Garedua in District Azamgarh. It is alleged that there was some dispute of committee of management and under the pressure of the people of the locality the rival factions of the two committees of managements agreed to hold the meeting for resolution of dispute in the larger interest of the Madarsa. Pursuant to thereof the compromise is alleged to have been arrived at and new committee of management was elected. Thereafter meeting of the society was held on 27.1.2006.

9. It is claimed that in order to facilitate formation of new committee of management by consensus the erstwhile Manager Sri Haji Inayatullah tendered his resignation on 18.10.2006 from his office as Manager and one Sri Imtiyaz Ahmad also relinquished his rival claim of being the Manager. It is stated that newly elected committee of management wa