By the Court.—This special appeal under Rule 5 Chapter VIII of the Allahabad High Court Rules, arises out of an order of a learned Judge passed in Writ Petition No. 63944 of 2008, whereby a direction has been issued to the Registrar, Firms, Societies and Chits, Allahabad to examine the grievance of respondents 4 to 7-petitioners, and pass a speaking and reasoned order within a prescribed time.

2. Challenge to the order is on the ground that even though the impugned order appears to be innocuous, yet it has seriously prejudiced the appellant in his cause, and further the said order has been passed without putting the appellant to notice or giving him any opportunity of hearing.

3. In short, the grievance of the appellant is that the direction issued clothes the Registrar with a power to examine a frivolous claim, which is impermissible on the grounds taken in the appeal, and additionally, the impugned order is in violation of principles of natural justice.

4. We have heard Mr. B.B. Paul assisted by Shri H.K. Mishra for the appellant, Shri Ram Autar Verma, who has put in appearance on behalf of respondents 4 to 7 and the learned Standing Counsel for respondents 1 to 3.

5. With the consent of learned counsel for the parties, the appeal is being disposed off finally at this stage.

6. The dispute relates to the constitution and functioning of a Committee of Management of a Society registered under the Societies Registration Act, 1860 (hereinafter referred to as the Act 1860), which runs and manages a Junior High School by the name Adarsh Krishak Junior High School, Bodipur Dharauta, Post Office-Chhata (Via Mau Aima), Block Mau Aima, Tehsil Soraon, District Allahabad (hereinafter referred to as the ‘institution’). The rival claims relate to the control of management of the institution of which the appellant-Ram Sajeevan Patel claims to be the validly elected Manager and respondents 6 and 7 claim themselves to be the rival Secretary and Manager of the Society and institution respectively.

7. The dispute has a chequered history, which dates back to the election of the Committee of Management, which was held in the year 1995. Brij Lal Patel-respondent No. 7 raised a dispute with regard to the elections of 1995 by filing a writ petition before this Court being Writ Petition No. 31368 of 1996. This Court directed the dispute of the elections to be decided by the Prescribed Authority under Section 25 of the Act 1860. The Prescribed Authority, who is the Sub Divisional Officer of the Sub Division concerned, decided the dispute on 13th of August, 1999 declaring the elections of the appellant Ram Sajeevan Patel to be valid. Against the said order, the respondent No. 7-Brij Lal Patel filed Writ Petition No. 46297 of 1999, in which initially there was a time bound interim order and the petition was ultimately dismissed as infructuous on 16.2.2004 on the ground that the term of the Committee of Management, which was five years, had already expired. Against the order dated 16.2.2004, respondent No. 7 preferred Special Appeal No. 308 of 2004, which was also dismissed on 25th of March, 2004. While dismissing the special appeal, it was observed that in any view of the matter, the orders passed by the Prescribed Authority under Section 25 of the Act 1860 are always subject to the decision in a regular suit.

8. The renewal of the Society was due, and taking advantage of this situation, respondent No. 7 moved an application on 25.6.2004 requesting the Assistant Registrar, Firms, Societies and Chits, Allahabad to grant renewal of registration of the Society indicating himself as the Manager of the institution. The appellant Ram Sajeevan Patel moved an application before the Registrar, Firms, Societies and Chits, Lucknow requesting that the matter be transferred to some other Assistant Registrar as he does not hope for any justice from the Assistant Registrar at Allahabad. On this application, the Registrar examined the matter himself and found