This writ petition questions the legality of the order dated 20th January, 2011 passed by the respondent no. 1 the Assistant Registrar, Firms, Societies and Chits, Varanasi finalising the electoral college list of members entitled to participate in the elections that were scheduled to be held under the orders of the Assistant Registrar dated 13.10.2010 for electing the office bearers of Kisan National Education Trust, Pratapganj, Jaunpur. It is undisputed between the parties that the elections had to be held by the Assistant Registrar as the earlier term of the office bearers had expired, and no elections had been held, as such it was obligatory on the part of the authority to hold elections under Sub Section ( 2) of Section 25 of the Societies Registration Act, 1860.

2. In order to proceed to hold the elections of the aforesaid society it was necessary to determine the electoral college for which the petitioners and the contesting respondent no. 3 were invited to submit the list of the members and also the evidence in support thereof. The impugned order rejects the membership list as submitted by the petitioners as also by the respondent no. 3 Anil Kumar Upadhyay ( since deceased and now represented by Badri Prasad Mishra) and it directs to hold the elections on the basis of 51 life members who were enrolled and were existing at the time of the death of the undisputed Manager, Sri Bateshwar Nath Upadhyay.

3. The dispute has a chequered history and as such it is necessary to narrate the background in which the present dispute has arisen. This Court had entertained the writ petition and allowed the Assistant Registrar to proceed to hold the elections but the declaration of results was stayed vide order dated 14.2.2011. The matter had been heard earlier and the judgment was reserved but before the delivery of judgment, the matter was again listed for further hearing, and accordingly the matter has been heard on 23.3.2012 finally. Sri Gajendra Pratap, learned Senior Counsel has appeared on behalf of the petitioners and Sri R.K. Ojha has raised his submissions for the respondent no. 3 and the learned Standing Counsel for the respondent no. 1 and 2.

4. The Society was initially registered on 20.11.1946 and was renewed from time to time uptil 1990. The renewals were sought thereafter.

5. There is another society known as Sansthapak Mandal that manages a degree college which came to be registered in the year 1962. The existence of the Sansthapak Mandal is connected with the parent society, inasmuch as, the memorandum of the Sansthapak Mandal and the rules and regulations framed thereunder provide that if any vacancy of a member is caused in the Sansthapak Mandal due to death then it shall be filled in by any capable member of the family of Bateshwar Nath Upadhyay. This is contained in Clause - D of the said rules and regulations.

6. Further while prescribing the disqualification and end of tenure of membership of the members of the Sansthapak Mandal, the rules and regulations under Clause 4( G) provides that if a member of the Sansthapak Mandal resigns, then it shall be filled up by one of the life members of Kisan National Education Trust. Such a member can be co-opted in the Sansthapak Mandal by a 2/3rd majority of the Sansthapak Mandal. It is undisputed between the parties that it is only a member of the Kisan National Education Trust who can be co-opted in the Sansthapak Mandal in the case of resignation of a member. As noted above on the death of a member, the vacancy can be filled up by any capable member of the family as contained in Clause D.

7. The aforesaid fact is to be necessarily noted, inasmuch as, a dispute arose with regard to the office bearers of Sansthapak Mandal Society which manages the degree college set up by the society. Late Bateshwar Nath Upadhyay was the undisputed president of the said society and the dispute appears to have ensued between the respondent Anil Kumar Upadhyay and the petitioner Arun K