The Assistant Registrar does not have jurisdiction to decide the legality of past elections for a society's Committee of Management, and such disputes should be referred to the Prescribed Authority under Section 25 (1) of the Act.

Arun Tandon, J.—Heard Sri Ashok Khare, senior advocate, assisted by Sri Faheem Ahmad advocate, for the petitioners, Sri A.P. Sahi advocate on behalf of respondent No. 3, Sri K. N. Rai advocate on behalf of respondent No. 4 and standing counsel on behalf of respondent Nos. 1 and 2.

2. At the very outset it has been stated by Sri Ashok Khare, senior advocate, appearing for the petitioners, that the order of the Commissioner, Azamgarh Division, Azamgarh, respondent No. 1, dated 30.1.2004, contained in Annexure-9, in so far as it holds that the appeal filed by the petitioner is not maintainable, is correct and is not being assailed before this Court. The said order has only been brought on record in order to explain the delay in filing the present writ petition against the order of the Assistant Registrar dated 22.12.2003. It has been stated that the petitioner was pursuing the remedy before a wrong Court, i.e., by way of appeal before the Commissioner, Azamgarh Division, Azamgarh, hence the delay in filing the present writ petition is liable to be condoned. The writ petition does not suffer from any laches.

3. In view of the aforesaid, this Court is satisfied that there are no laches on the part of the petitioner and this petition is entertained accordingly.

4. The Committee of Management Shaoul Uloom Educational Society, Karmaini, Post Office Rauanapar, Tehsil Sagri, district Azamgarh (hereinafter referred to as the Committee of Management) with its alleged Secretary-cum-Manager Sri Abdul Kavi, has filed the present writ petition against the order of Assistant Registrar Firms, Societies and Chits, Azamgarh Region, Azamgarh, respondent No. 2 (hereinafter referred to as the ‘Assistant Registrar’) dated 22.12.2003, whereby the Assistant Registrar has held that valid elections of the Committee of Management have not taken place and therefore the earlier Committee of Management has become time barred. In exercise of the powers under Section 25 (2) of the Societies Registration Act, 1860 (hereinafter referred to as the ‘Act’) he directed fresh elections be held under his control and for that purpose he fixed 27.12.2003 as the date for finalization of the list of the members of the general body of the society.

5. This Court while entertaining the writ petition on 11.2.2004 granted an ad-interim order whereby the operation of the order dated 22.12.2003 passed by the Assistant Registrar including all consequential actions in pursuance thereto were stayed. It is not in dispute that in pursuance of the order of the Assistant Registrar dated 22.12.2003 fresh elections have not taken place.

6. I have heard learned counsel for the parties and gone through the record.

7. On behalf of the petitioners it is contended that the Assistant Registrar while passing the order dated 22.12.2003, has exceeded the authority vested in him in respect of registration of the list of office bearers of the society under proviso to Section 4 of the Act in so far as he held that the elections of the Committee of Management which have taken place in 1997 were not in accordance with law and the bye-laws of the society as a consequence of which the Committee of Management has become time barred. It is also contended that the controversy before the Assistant Registrar arose on a list of office bearers being submitted for registration for the year 2002 wherein the names of Vice President and Treasurer were changed (with reference to the list of previous year) as they had been removed and new persons were elected in their place. The Assistant Registrar has travelled beyond the dispute in deciding the legality of the elections of 1997 which were not disputed by any person within reasonable time.

8. It is further contended on behalf of the petitioners that the impugned order dated 22.12.2003, has been passed by the Assistant Registrar in violation of the principles of natural justice inasmuch as the affidavit filed by Sri Gayasuddin son of Aslam dated 3.12.2003 w