Hon’ble P.K.S. Baghel, J.—The petitioners are two in number. They claim to be the members of the Society namely Chak Chaubey Palya Development Block Higher Education Expansion Association, Pakardiha, district Azamgarh, which is registered under the Societies Registrar Act, 1860 (Act No. 21 of 1860) (for short ‘Act, 1860’).

2. Petitioners are aggrieved by the order of the prescribed Authority whereby he has granted an interim order. The grievance of the petitioners is that under Section 25 (1) of the ‘Act 1860’. the Prescribed Authority does not have power to pass an interim order.

3. Brief reference to the factual aspects would suffice.

4. A Society namely Chak Chaubey Palya Development Block Higher Education Expansion Association, Pakardiha, district Azamgarh (hereinafter referred for the sake of brevity as Society) was registered in the year 1975. It has established an educational institution namely Junior High School, Chak Chaubey (Palya) Pakardeeha, district Azamgarh. It is recognized by the U.P.Basic Education Act, 1962. The institution does not receive any aid out of State Fund.

5. It is stated that the last renewal of the Society was made on 8.12.2010 for five years on the papers submitted by one Sri Ram Dayal Yadav. Earlier one Lalji Yadav had also moved application for renewal claiming himself as the Manager of the Society. In view of the conflicting claim by two rival factions the Assistant Registrar, Firms, Societies and Chits referred the matter to the Prescribed Authority under Section 25 (1) of the ‘Act 1860’. The Prescribed Authority vide his order dated 26.4.2010, recognized the election of the faction headed by Ram Dayal Yadav. It is avered in the writ petition that the last election of the Managing Committee was held on 10th August, 2008. The next election was due in the year 2011. Due to the rival claims the election could not be held, therefore, the Assistant Registrar exercising his power under Section 25(2) of the ‘Act 1860’ published a tentative list of members of the general body and he invited objection by 28.2.2014.

6. It is stated that after receiving the objection he determined the list of the office bearers and 32 members were found to be valid members. The Assistant Registrar vide order dated 6.3.2014 also deputed the District Basic Education Officer, Azamgarh as the Election Officer to hold the fresh election. It is stated that one of the alleged member with a view to delay the election proceedings moved an application before the Prescribed Authority under Section 25(1) of the ‘Act 1860’ challenging the order of the Assistant Registrar dated 23.1.2014. On the same reference the Prescribed Authority has stayed the order of the Assistant Registrar dated 23.1.2014 inviting application of the tentative list and 6.3.2014 whereby he had determined 32 members as valid members of the general body.

7. I have heard Sri S.M.Mishra, learned counsel for the petitioner, Sri B.P. Singh learned counsel for the respondent No. 4 and Sri S.N.Singh, learned counsel appearing for respondent No. 5. Learned Standing Counsel has accepted notice on behalf of the State authorities.

8. In view of the fact that no factual controversy is involved in the writ petition. Only question of law has been raised by learned counsel for the petitioner. No counter-affidavit is needed in the matter. The writ petition is accordingly being finally disposed of in terms of the Rules of the Court.

9. Sri S.M. Mishra, learned counsel for the petitioner submits that under Section 25 (1) of the Societies Registration Act, 1860 (Act No. 21 of 1860) (for short ‘Act,1860’), the Prescribed Authority has no power to grant any interim order. He submits that under Section 25 (1) the Prescribed Authority has been empowered only to decide the dispute in regard to election of the office bearers which is referred to him by the Registrar or by atleast ¼ members of the Society.

10. Learned counsel for the respondents submits that it shall be deemed