By the Court.—Heard Sri M.A. Qadir, Senior Advocate assisted by Sri Shamim Ahmad, Advocate for the appellants, and Sri Ashok Khare, Senior Advocate assisted by Sri W.A. Siddiqui, for opposite party No. 4, Sri M.S. Pipersenia and Dr. Y.K. Srivastava, standing counsel, appearing for opposite party No. 1,2 and 3.

2. This special appeal is directed against the order and judgment dated 5.5.2010 passed by Hon’ble Single Judge in Civil Misc. W.P. No. 21478 of 2010.

3. The writ petition was filed by Jamia Rizviya Merajul-Uloom, Chilmapur, District Gorakhpur, hereinafter referred to as ‘the Society’ through its Secretary/ Manager Mohd. Fakhruddin Khan son of Farzand Ali, and Mohd. Fakhruddin Khan, claiming himself to be the Secretary/ Manager, for setting aside the order dated 27.3.2010 passed by the Assistant Registrar, Firms, Societies and Chits, Gorakhpur, herein after referred to as ‘the Assistant Registrar’. By this order, the Assistant Registrar did not approve the papers submitted by petitioner Mohd. Fakhruddin Khan and respondent No. 4 Karimullah Khan, regarding constitution of the Committee of Management of the Society and did direct that the election of the Committee of Management of the Society be held under Section 25(2) of the Societies Registration Act, 1860. From the list of forty five members of the general body of the Society after excluding Mohd. Fakhruddin Khan shown at serial No. 17 and has nominated District Minority Welfare Officer, Gorakhpur as the Election Officer for holding the election.

4. In nutshell the facts of the case are that the ‘society’ runs a Madarsa known as Jamia Razviya Merajul Uloom, Chilmapur, Distirct Gorakhpur, which is a duly recognized Madrsa and is also in the list of grant-in-aid of the State Government. The term of the office bearers of the society is five years and it is renewed from time to time. The last renewal was made on the application dated 8.11.2006 submitted by Farzand Ali, the father of the petitioner No. 2. Thus the certificate of renewal was granted on 15.11.2006 for a period of 5 years which is operative up to 7.8.2011.

5. According to the petitioner/ appellant after said election, certain developments, which had taken place, are; (i) member Mohd. Yusuf Khan @ Kanchhed was removed from the office of membership of the society for continued absence in three meetings as also held on 11.12.2006 and in his place the petitioner No. 2 was enrolled as member. (ii) Sri Karimullah Khan, the respondent No. 4 was the Assistant Secretary of Society, however he had resigned which was accepted and in his place vide resolution of the society dated 25.3.2007, Shri Zafar Ahmad was elected as Assistant Secretary. (iii) Subsequently, on 20.5.2007, Shri Farzand Ali, the Secretary had also resigned from the Office of Secretary, and in his place Shri Zafar Ahmad was elected as Secretary. (iv) On 7.3.2008, Shri Zafar Ahmad Khan had also resigned from the office of Secretary which was accepted in Resolution dated 9.3.2008 and the petitioner No. 2 Mohd. Fakhruddin Khan was elected as Manager/Secretary on 9.3.2008. (v) The petitioner No. 2 also sent a letter dated 18.3.2008 to the Assistant Registrar, Firms Societies and Chits communicating that he has been elected as Manager and for registration list of office bearers, on which the list of office bearers for the years 2007-08, 2008-09 was dully certified by the Assistant Registrar. Mohd. Fakhruddin Khan further sent papers to the District Minority Welfare Officer, who attested the signatures of Mohd. Fakhruddin Khan as Manager of Madarsa on 2.5.2008. Just after his becoming Manager, Karimullah Khan had been creating disturbance. Earlier Karimullah Khan got a complaint made by one temporary teacher Smt. Sharmila Begum before the District Magistrate and the District Magistrate had wrongly ceased the power of Mohd. Fakhruddin Khan by order dated 6.10.2008, the said order was stayed by this Court in Civil Misc. Writ Petition NO. 55257 of 2008 fi