Hon’ble Sudhir Agarwal, J.—Both these writ petitions involve similar questions of fact and law and, therefore, as agreed and requested by learned counsel for the parties have been heard together and are being decided by this common judgment.

2. Respective parties are represented by Sri V.M. Zaidi, learned Senior Advocate, Sri S.M.G. Asghar, Sri Utpal Chatterjee and Sri N.L. Pandey, Advocates and learned Standing Counsel.

3. The dispute has a chequered history which is evident from the fact that between the parties there has been more than a dozen of writ petitions in the last more than a decade. To appreciate real bone of contention giving rise to the present writ petitions, it would be appropriate to have a bird eye view of the relevant facts.

4. There is a society named, Church City Junior High School Shiksha Samiti, Sadar, Andarkot Thatherwara, Meerut, District Meerut (hereinafter referred to as “the Society”) which was formed in 1997. The initial office bearers of committee of management included Sri Jagat Bihari Saxena as President and Km. J. Jacob as Manager. It was registered with the Deputy Registrar under the provisions of “Societies Registration Act, 1860” (hereinafter referred to as “Act 1860”) vide Registration No. 1766 of 1996-97 dated 26.2.1997. A copy of registration certificate is on record as Annexure l to Writ Petition No. 65739 of 2009 (hereinafter referred to as “the first petition”). List of first set of office bearers is also at page 55 (annexed as Annexure 2 to the first writ petition), showing names of the following:

5. Copy of bye laws dated 5.7.1997 has also been placed on record as Annexure 3 to the first petition. It is said that Km. J. Jacob, the then Manager of the Society resigned on 10.3.1998. The said resignation was accepted vide management’s resolution dated 20.5.1998 and in place of Km. J. Jacob, Smt. S.N. George was nominated as Manager for the remaining period, i.e., 21.5.1998 to 20.5.2002. Signatures of the newly appointed Manager Smt. S.N. George were also countersigned and approved by the District Basic Education Officer, Meerut (hereinafter referred to as “D.B.E.O.”) vide order dated 22.5.1998.

6. The real dispute started in 1999 when Sri Jagat Behari Lal Saxena, President of Society allegedly indulged in certain impermissible activities against the interest of society. An emergent meeting was called. A resolution is said to have been passed under the Presidentship of Vice President J.H. Robinson, expelling Sri Jagat Behari Lal Saxena from the post of President of Society, vide a no confidence motion passed against him and authorising Vice President to discharge duties of President of the Society. Copy of resolution dated 22.2.1999 to this effect is annexure 6 to the first writ petition. Sri Jagat Behari Lal Saxena on the contrary, claimed to have called another meeting of Society on 26.2.1999 in which another resolution was allegedly passed expelling Sri J.H. Robinson from the office of Vice President and Smt. S.N. George from the post of Manager.

7. Both the aforesaid resolutions dated 22.2.1999 and 26.2.1999 came to be considered by Deputy Registrar. He vide order dated 29.6.1999 (Annexure 7 to the writ petition) believed resolution dated 22.2.1999 whereby Sri Saxena was removed from the office of President and disbelieved resolution dated 26.2.1999, and, directed to register the names of office bearers of Society under Section 4 of Act 1860 according to resolution dated 22.2.1999.

8. Sri Jagat Behari Lal Saxena assailed order dated 29.6.1999 in writ petition No. 41784 of 1999. It was contended that a dispute relating to continuance in office could have been referred for adjudication by Prescribed Authority under Section 25(1) of Act 1860 and should not have been decided by Deputy Registrar. The Court while entertaining the writ petition granted an interim order on 29.9.1999 staying operation of the order dated 29.6.1999.

9. During pendency of the said matter, D.B.E.O. passe