The legality of elections for the Committee of Management under the Societies Registration Act should be adjudicated by the prescribed authority before finalizing the list of members for fresh elections.

Arun Tandon, J.—Heard Sri Indra Raj Singh on behalf of the petitioner, learned standing counsel on behalf of respondent Nos. 1, 2 and 3 Sri L. K. Dwivedi on behalf of respondent No. 4.

2. Sri Lal Bahadur Shastri Junior High School, Milkipur, P.O. Mutkallipur, District Azamgarh is a society duly registered under the Societies Registration Act. The said society has established an Intermediate College in the name and style of Sri Lal Bahadur Shastri

Intermediate College, Milkipur, P.O. Mutkallipur, District Azamgarh.

3. Last elections of the office bearers of the society are said to have taken place on 10th January, 1998. In the said elections one Sri Jagat Pal was elected as Manager and petitioner No. 2 namely Daya Ram Singh claims to have been elected as Deputy Manager. Sri Jagat Pal Singh expired on 3rd February, 1998 and according to petitioner in the resultant vacancy he was elected as Manager for the remaining term on 18th February, 1998. The respondent No. 4, on the contrary, set up independent elections dated 6th May, 1999 in which he claimed that Sri Raj Bahadur Singh was elected as the Manager.

4. The controversy with regards to the aforesaid case pleaded by the parties, was decided by the Assistant Registrar by means of order dated 25th January, 2000, wherein it was held that the election of the petitioner No. 2 as the Manager for the remaining term on 18.2.1998 was legal and valid and election set up by respondent No. 4 Raj Bahadur Singh, as such, are not sustainable. Against the aforesaid order of the Assistant Registrar, Writ Petition No. 7353 of 2000 was filed by Sri Raj Bahadur Singh, in which no interim order was granted. The writ petition is still said to be pending.

5. It is admitted between the parties that the term of the elected Committee of Management is three years. According to petitioner fresh elections took place on 8th January, 2001, in which the petitioner was again elected as the Manager. The respondent No. 4 filed Writ Petition No. 31070 of 2001 in the High Court of Judicature at Allahabad against the aforesaid elections set up by the petitioner. Writ petition was dismissed with the observation that the petitioner may approach the prescribed authority under Section 25 (1) of the Societies Registration Act vide order dated 30th August, 2001. In compliance of the order of this Court, a reference was made to the prescribed authority under Section 25 (1) of the Act in respect of the election dated 8th January, 2001. The prescribed authority by means of the order dated 28.10.2003 upheld the election dated 8th January, 2001, in which petitioner No. 2 was elected as Manager.

6. Feeling aggrieved by the aforesaid order of the Sub-Divisional Magistrate (Prescribed Authority) dated 28.10.2003, the respondent No. 4 filed Writ Petition No. 49459 of 2003. The writ petition was dismissed by this Court vide order dated 6th November, 2003. Feeling aggrieved by the order of the Honble single Judge, respondent No. 4 Raj Bahadur Singh filed Special Appeal No. 1225 of 2003. The special appeal was disposed of with certain observations vide judgment and order dated 21st November, 2003. With reference to the order of this Court, passed in special appeal, the Assistant Registrar issued notice dated 26.12.2003 calling upon the petitioner as well as respondent No. 4 to produce relevant records for the purposes of finalizing the list of members, who are entitled to participate in the forthcoming election.

7. According to petitioner, before the issue could be adjudicated upon, fresh elections were conducted by the Committee of Management, which was in power, on 7th January, 2004. All the papers in that regard were transmitted to the office of the Assistant Registrar, Firms, Societies and Chits vide letter dated 16th January, 2004 with the request that the list of elected office bearers be registered. The Assistant Registrar issued two orders dated 7th May, 2004 and 29th May, 2004, wherein he has held that fresh