A. N. Dikshita, J.

1. These two writ petitions are being disposed of by a common judgment as the disputes giving rise to same are interse between the parties to the writ petitions and also the same are interconnected.

2. Writ petition No. 6622 of 1986 has been filed by Khirodhi Singh for quashing the order dated 17-4-1986 passed by the District Inspector of Schools, Gorakhpur respondent no. 1, marked as Annexure-2 to the writ petition.

Writ petition No. 8764 of 1986 has been filed by Urwa Bazar Educational Society Urwa Bazar, Gorakhpur for quashing the order dated 16-4-1986 passed by Assistant Registrar, Firm Societies, Gorakhpur as well as the order dated 24-4-1986 passed by the District Inspector of Schools, Gorakhpur marked as Annexures 3 and 6 respectively to the writ petition.

3. Urwa Bazar Educational Society is a charitable society registered under the Societies Registration Act since 17-3-1960. This society runs Ram Rekha Singh Intermediate College, URWA Bazar through its committe of management. The term of the managing committee of the society according to its bye-laws is 3 years.

4. Facts which encompass the controversy are in regard to the election held on 29-1-1986 by the rival petitioners.

Khirodhi Singh petitioner in writ petition No. 6622 of 1986 has alleged that he was elected unopposed Secretary/Prabandhak of the Managing Committee of the Society for 3 years and which period came to an end on 22-1-1986. It is alleged by him that in the election held on 29-1-1986 he was again elected as Seceretary/Manager of the Society for 3 years and one Shiv Ratan Bharti was elected as President of Society.

5. In Writ petition No. 8764 of 1986 one Nar Singh Prasad Singh alleges that in the election meeting held on 29-1-1986 he was elected as the Secretary-cum-Manager of the Managing Committee and one Sukh Mangal Mani Tripathi was elected as the President.

6. Pursuant to his alleged re-election Khirodhi Singh applied for renewal of the registration of the Society before the Assistant Registrar (Firms and Societies). The Assistant Registrar vide his order dated 16-4-1986 renewed the registration of the society with Khirodhi Singh as its Secretary/Manager of the Managing Committee.

Feeling aggrieved Nar Singh Prasad Singh and Sukh Mangal Mani Tripathi filed Suit No. 180 of 1986 in the Civil Court against the Managing Committee with Shiv Jatan Bharati as President and Khirodhi Singh as Secretary/ Manager for a declaration that the election of the office-bearers of the Managing Committee which elected Khirodhi Singh as Secretary/Manager and Shiv Jatan Bharti as President as well as the order of the Assistant Registrar dated 16-4-1986 be declared as null and void. An application in the suit was filed for a temporary injunction restraining the Managing Committee managed by Khirodhi Singh from functioning. However, no exparte temporary injunction was granted and the case was ordered to be listed on 30-5-1986 for orders.

7. Urwa Bazar Educational Society, Gorakhpur through Nar Singh Prasad Singh then filed writ petition No. 8764 of 1984 in the court and the operation of the order dated 16-4-1986 passed by the Assistant Registrar was stayed by this court on 23-5-1986.

8. The plaintiff Nar Singh Prasad Singh then filed an application on 26-5-1986 for permission to withdraw the suit which was allowed on the same day.

It may, however, be mentioned that in view of the contesting claims of the rival committees, the D. I. O. S. vide his order dated 29-3-1986 directed for single operation of the account. However, lateron vide order dated 17-4-1986 the D. I. O. S. Gorakhpur recognised the Managing Committee with Nar Singh Prasad Singh and attested his signatures for the operation of the account.

9. This order dated 17-4-1986 is being challenged by Khirodhi Singh in writ petition No. 6622 of 1986.

10. Lateron the D. I. O. S. in view of the order dated 16-4-1986 passed by Assistant Registrar, Gorakhpur stayed the operation of the order d