The main legal point established in the judgment is the importance of adherence to the Bye-laws of the society and the limitations of the Registrar's authority in intervening in the election process under the Societies Registration Act, 1860.

Sarvodaya Shiksha Samiti Kauriram, District Gorakhpur is a society registered under the Societys Registration Act, 1860 (in short, the Act), with its registration renewed upto 10-10-2005. The society runs many educational institutions including Sarvodaya Kisan Intermediate College Kauriram, District Gorakhpur. The bye-laws of the society provide for several categories of members. This includes ex- officio members, nominated members, Panchayat members, patrons, fellows, life members, ordinary members and special members. The management of the society vests in an executive committee. The District Magistrate, Gorakhpur; Sub- Divisional Magistrate Basgaon; Tehsildar Basgaon, all the principals of the institutions run and managed by the society; and one representative of the employees of every such educational institution are provided to be the ex-officio members. The District Magistrate or person nominated by him is an ex- officio, president of the society. Bye-law No. 17 provides for election of the executive committee. Clause (1) of bye-law 17 provides that the period of executive committee shall be of three years, and after every three years members of the committee shall be elected in the annual general meeting. Those members, who have completed their terms, are also entitled to be re- elected. A proviso to clause (1) provides that where elections are to be held in the annual meeting, a 60 days notice shall be given to all the members, who are entitled to cast their votes. As far as possible the District Inspector of Schools may appoint an observer for the meeting who shall be a retired member of any Government college or a senior officer of the education department who is not concerned with the affairs of the educational selection. Any senior Dy. Inspector of Schools can also be appointed an observer. Clause (2) of By law 17, which is relevant for the purposes of this case provides that if for any special reason the election of committee of management is not held even after three years, the erstwhile executive committee can function for another three months, but the said period cannot be extended. Under bye-law 12 and 14 (6) the election must be held by 30th June, and in any case in special circumstances under specific instructions the committee the elections must be held before October, and if it is not possible, the President shall be competent to take steps under Bye-law 33 (2) which gives emergency powers, to be approved by general body in a meeting convened within three months. Clause (3) of Bye-law 17 provides that the office bearers of the executive committee shall continue to function until their successors are elected. New office bearers shall be elected according to Bye-law 24. These includes a Vice President, a secretary (Manager), and Joint Secretary (Deputy Manager), to be elected from amongst the executive committee.

2. By law 18 provides for Constitution of committee. It provides for representation of each categories of members of society. Two members are to be elected by the ordinary members, one from among panchyats members, two from life members, two from fellows, one from patrons and one from special members. Bye-law 19 provides that apart from aforesaid nine elected members the District Magistrate, the Sub-Divisional Magistrate Basgaon; Tahsil Basgaon; the principal of Sarvodaya Kisan Intermediate College and two representative of teachers and employees as it is provided in the scheme of the administration, shall be the members of the executive committee. Bye-law 20 provides that the District Magistrate, Gorakhpur or a member nominated by him shall be the president of the general body and executive committee and preside over the general meeting, or the meeting of the executive committee and in his absence the vice-chairman shall discharge the duties. In the absence of both the chairman and

vice-chairman the members present in the meeting shall elect a chairman to preside over the said mee