By the Court.—This appeal arises out of a judgment of the learned Single Judge in relation to a dispute of a society registered under the Societies Registration Act known as ‘Gramopyogi Shiksha Pracharini Samiti, Bakarganj, Goraju, Kaushambi. The challenge in the writ petition was to the order dated 20th March, 2010 passed by the Assistant Registrar, Firms, Societies and Chits Allahabad who proceeded to register the list of officer bearers and the members of the committee of management under Section 4(1) of the Societies Registration Act, 1860 submitted by the contesting respondent Nos. 4 and 5. The said list of office bearers are alleged to have been elected in the elections held on 14.9.2008.

2. The undisputed position is that the elections were previously held in the year 2001 and since the term of the said elections expired, a meeting is stated to have been convened on 10th April, 2004 for holding of fresh elections on 6th June, 2004. One Mr. Durga Prasad Singh was appointed as the Election Officer. The contesting respondents allege that 76 members had been newly enrolled. This position was resisted by the appellants and Durga Prasad Singh the Election Officer passed an order on 6.6.2004 staying the elections till the dispute of the aforesaid 76 members was decided. Consequently no elections were held and the matter remained pending.

3. The society also manages educational institutions including Dilip Singh Inter College Bakarganj, District Kaushambi. According to the scheme of administration of the said institution as alleged by the appellants, the same electoral college of the parent society also holds the elections of the committee of management of the institution. The elections of the committee were also being delayed and on a direction of the High Court in a writ petition filed, the Joint Director of Education finalized the electoral college vide order dated 23.1.2008 holding that the 328 members of the parent society were entitled to participate in the elections.

4. The appellants contend that the said 328 members are the valid members with whom the elections have to be held and the 76 members stated to have been allegedly inducted were not entitled to participate in the elections. It is submitted on behalf of the appellants that since the electoral college is the same therefore the elections of the parent society which is presently in dispute has to be held on the basis of the same electoral college. The appellants allege that the term of the committee of management elected in 2001 had expired long back and no fresh elections had been held therefore in such a situation the Assistant Registrar was empowered to hold elections under sub-section 2 of Section 25 of the Societies Registration Act, 1860. In view of the said provision the outgoing President of the society Smt. Urmila Devi made a request on 8th February, 2008 to the Assistant Registrar, Firms, Societies and Chits Allahabad to get fresh elections held.

5. The Assistant Registrar vide order dated 12th February 2008 called for a list of the electoral college from the Joint Director of Education who had finalized the same vide his order dated 23.1.2008. The Joint Director of Education forwarded the said list to the Assistant Registrar on 22.2.2008.

6. It is alleged that the some notice was published on 27.8.2008 for holding of the elections on 14.9.2008. A complaint was made by Suryabali Singh respondent on 28.8.2008 against the holding of such elections on the ground that no such meeting was convened for holding of elections. It is also alleged that one Madan Singh who is a Lekhpal of the same village and is also alleged to be a life member of the society was nominated to act as an Election Officer. It is on the strength of such a notice that the alleged elections is claimed to have been held by the respondent Awadhesh Singh on 14.9.2008 in which 6 members and 6 officer bearers are stated to have been elected.

7. A complaint was made by the appellants S