Hon’ble Amitava Lala, J.—This special appeal has been filed by the appellant-writ petitioners challenging the judgment and order dated 1st December, 2010 passed by the learned Single Judge in Civil Misc. Writ Petition No. 69837 of 2010 (Mehdi-ul Hasan Abadi and others v. State of U.P. and others), thereby dismissing the writ petition.

2. The facts of the case are that one R.D.M. Shia Trustee Committee, Jaunpur, U.P. (hereinafter in short called as the ‘’trustee committee’) is a society registered under the Societies Registration Act, 1860 (hereinafter in short called as the ‘’Act’) and the appellants claim themselves to be permanent members of the trustee committee. On account of death of 15 permanent members, vacancies were caused. It is alleged that for filling up of such vacancies neither any meeting was called nor any agenda was circulated, but 15 henchmen of Dr. Akhtar Hasan Rizvi, President of the trustee committee-respondent No. 4 herein, and Abiz Rizvi, Secretary of the trustee committee-respondent No. 5 herein, were elected as permanent members in a meeting alleged to have been held on 27th January, 2008. Such President and Secretary of the trustee committee are father and son. The concerned registers pertaining to the trustee committee were in their possession, therefore, manipulation was apprehended, particularly when no information was given to the appellants. Immediately after coming to knowledge, a complaint with regard to the aforesaid facts was made to the Deputy Registrar, Firms, Societies and Chits, Varanasi Region, Varanasi on 9th May, 2008 for not approving the names of such 15 alleged permanent members. On 02nd June, 2008 Joint Secretary of the trustee committee forwarded the list of entire members including the alleged elected members for approval of the Assistant Registrar, Firms, Societies and Chits, Varanasi. When in spite of complaint dated 9th May, 2008 nothing was done, again a detailed objection was filed on 25th June, 2008. On 7th November, 2008 concerned Assistant Registrar issued a notice to the President of the trustee committee as well as the complainant, reply whereof was submitted by the Joint Secretary of the trustee committee on 15th December, 2008 and reiterated that the information was sent to all permanent members through post and after consultation of all trustees names of alleged 15 members were finalized. It is further alleged by the appellants that on one hand, the President and Secretary of the trustee committee have elected 15 permanent members without calling any meeting by forging signature of permanent members and, on the other hand, on 15th March, 2009 they issued receipt to the appellants making them members on the basis of the compromise that out of 15 alleged members, 8 members will resign and the appellants will be included in the place of members so resigning. On 28th October, 2009 permanent members of the trustee committee brought to the notice of the Assistant Registrar that 7 members, who are alleged to have been elected on 27th January, 2008, have given their resignation and in their place the appellants have been given membership after consultation of permanent members in the meeting held on 15th March, 2009. However, when the dispute with regard to genuineness of the members of the trustee committee was pending before the Assistant Registrar, the trustee committee did not accept the subscription of the appellants of the year 2010, therefore, the appellants deposited their membership fee with the official bankers of the trustee committee i.e. Oriental Bank of Commerce, Jaunpur on 28th April, 2010. Since the term of earlier election had expired, on 3rd June, 2010 a notice was issued by the Secretary of the trustee committee by which agenda for election was circulated, firstly for electing the President, Vice-President, Secretary, Joint Secretary and three members of the trustee committee, secondly for electing office bearers of the committee and seven other me