By the Court.—Heard Sri Shashi Nandan, learned Senior Advocate assisted by Sri A.P. Paul, counsel for the appellants, Sri G.K. Singh, learned Senior Advocate appearing on behalf of the respondent No. 4 and learned standing counsel appears on behalf of respondents No. 1,2 & 3.

2. By means of the present appeal, the appellants challenged the order dated 17.9.2013, passed in Writ Petition No. 49161 of 2013, whereby the writ petition has been dismissed on the ground of alternative remedy under Section 25 (1) of the Societies Registration Act, 1960 (hereinafter referred to as the Act).

3. Brief facts of the case are that the appellants claim to be the members of the general body of the society, registered under the Societies Registration Act, which runs an educational institution in the name of Ajhu Rai Higher Secondary School, Dharamrajganj (Sherwa), Sikrara, Jaunpour. The appellants filed the Writ Petition No. 49161 of 2013 seeking quashing of the election proceedings held by the Assistant Registrar, Firm, Societies and Chits, Varanasi on 31.8.2013.

4. Learned counsel for the appellants submitted that the last election was held on 26.6.2006. The term of the Committee of Management was 5 years. To initiate the proceedings for holding the election of the Committee of Management of the Society vide order dated 6.7.2013, the Assistant Registrar finalized the list of 38 members of the general body of the society, and issued the election programme for holding the election on 31.8.2013. In the election held on 31.8.2013, the list containing the names of 5 office bearers and 7 members of the Committee of Management of the Society has been declared, which was challenged in the writ petition.

5. The main contention of the writ petitioner was that out of 38 members, 6 members have already died and 20 members boycotted the election. Since the nomination papers of 4 members had been illegally rejected by the Returning Officer, it was contended that the election was totally farce and, therefore, liable to be declared illegal. Various other contentions have been raised to establish that the election held on 31.8.2013 was illegal.

6. Learned Single Judge declined to entertain the writ petition on the ground that the issue raised in the writ petition can more appropriately be examined by the Prescribed Authority under Section 25 (1) of the Act on a reference being made by at least one-fourth members. Being aggrieved, the present appeal has been filed.

7. Sri Shashi Nandan learned Senior Advocate has reiterated the submissions, which has been made before the writ Court and made endeavour to demonstrate that the election held on 31.8.2013 was patently illegal and, therefore, liable to be set aside.

8. Sri G.K. Singh, learned Senior Advocate submitted that an alternative remedy was/is available to the appellant by filing a reference under Section 25(1) of the Act before the Prescribed Authority and, therefore, the learned Single Judge has rightly refused to entertain the writ petition and asked the appellant to approach the Prescribed Authority under Section 25(1) of the Act. Learned counsel for the respondents has placed reliance on the decision of the Apex Court in the case of Gujarat University v. Shri N.U. Rajguru and others, AIR 1988 SC 66. It is further submitted that the Full Bench of this Court in the Case of Babu Ram, Ashok Kumar v. Antarim Zila Parishad, 1964 (2) LAWS (All) 5, has held that a Court of appeal would not interfere with the exercise of discretion by the Court below, if the discretion has been exercised in good faith after giving due weight to relevant matters and without being swayed by irrelevant matters.

9. We have considered the rival submissions and perused the record.

10. In the writ petition, the validity of the election dated 31.8.2013 was challenged on various grounds. There is no dispute that the appellant has an alternative remedy to raise all these issues which have been raised in the writ petition before th