The Registrar has no power to decide election disputes and must refer them to the Prescribed Authority under Section 25 of the Societies Registration Act, 1860.

( 1 ) HEARD the Counsel for the parties and perused the record.

( 2 ) BY means of this writ petition the petitioner has, inter-alia, prayed for issuance of a writ, direction or order in the nature of certiorari quashing the impugned order dated 27. 7. 2001 (Annexure 4 to the writ petition) passed by respondent No. 1 and praying to cancel the list of members of the Committee of Management.

( 3 ) THE case, in brief, is that the Society by the name of Sewa Ashram, Maghar, Tehsil khalilabad, District Basti was initially registered on 14. 10. 1992 and was renewed on 13. 10. 1997. On 28. 2. 2001 the election of the Society is alleged to have taken place and on 7. 3. 2001 the petitioner, who is the Secretary of the Society, furnished the papers relating to proceedings of the election held on 28. 2. 2001 to respondent No. 1 along with the list of office bearers for the year 2000-01. On 13. 3. 2001 respondent No. 1 registered the list of the office bearers submitted by the petitioner. On 28. 3. 2001 respondent No. 2 along with some office bearers and members of the committee of Management made a complaint to respondent No. 1 that no election of the committee of Management was held on 28. 2. 2001. On 21. 4. 2001 notice was issued to the petitioner. On 1. 7. 2001 the Committee of Management is alleged to have been elected. However, respondent No. 1 passed an order on 27. 7. 2001 that the election held on 28. 2. 2001 was based on false documentation and cancelled the list of the office bearers submitted by the petitioner and held the election taken place on 1. 7. 2001 as valid.

( 4 ) THE Counsel for the petitioner contends that respondent No. 1 failed to appreciate that respondent No. 2 and other complainants were expelled from the Society for not depositing the membership fee. He further contends that the present is a case covered under Section 25 and not under Section 12-D of the Act, as there is a dispute between two rival societies claiming each other to be fictitious.

( 5 ) THE question for determination in this case is whether the dispute or doubt election and cancellation of list of office bearers will fall under Sections 4 and 12-D or under Section 25 of the Societies Registration Act, 1860.

( 6 ) THE Counsel for the petitioner placed reliance on the decision rendered in AIR 1988 Alld. 236 (DB) (V) which followed the decision rendered in 1981 UPLBEC 308 (DB) wherein it was held that Section 4 (1) of the Societies Registration Act, 1860 relates to registration of society and office bearers. It was further held that forum for adjudication of all disputes or doubts in respect of election or continuation in office of office bearers of society falls under Section 25 of the societies Registration Act and not under Section 4 (I) of the said Act. He has further relied upon the decision rendered in Committee of Management, Baba Saheb Dr. Bhimrao Ambedkar primary Pathshala, Azamgarh and Anr. v. Assistant Registrar, Firms, Societies and Chits, gorakhpur and Ors. , (1996) 2 UPLBEC 884, wherein it was held that Section 12-D of the societies Registration Act, 1860 deals with cancellation of registration but does not deal with cancellation of registration of election of members or office bearers. It was further held in committee of Management, Baba Saheb Dr. Bhimrao Ambedkar Primary Pathshala (supra) that once the Assistant Registrar had recognized one or other person to be elected and eligible to continue as office bearer, it cannot be cancelled under Section 12-D of the Societies Registration act, 1860.

( 7 ) IT appears from the record that the petitioner had challenged the order of respondent No. 1 dated 27. 7. 2001 claiming himself to be the Secretary of the Society by filing Writ Petition No. 29266 of 2001. This Court granted no interim order to him. Thereafter another writ petition was filed on behalf of the Committee of Management through its President Dr. Ahmad Ullah and one iqbal Ahmad against the same the same order o