Hon’ble Yashwant Varma, J.—Heard Sri Gajendra Pratap, learned senior counsel appearing in support of this writ petition assisted by Sri R.K. Sinha, the learned Standing Counsel for the state respondents and Sri Ashok Khare, learned Senior Counsel appearing for the private contesting respondents.

2. After hearing counsel at some length and with their consent judgement on this petition had been reserved on 18.05.2015. During the course of preparation of the judgement, it became necessary to seek certain clarification with respect to certain documents submitted by the counsel for the Respondents across the board as a consequence of which it became necessary to post the matter for further hearing. Accordingly, this petition was listed for further hearing on 15.07.2015, where after hearing learned counsel for the parties, orders were reserved.

3. The challenge in the present petition is to an order passed by the Assistant Registrar, Firms Societies and Chits made in purported exercise of powers conferred by Section 3A of the Societies Registration Act, 1860 (Act, 1860). While proceeding to consider an issue of renewal of the society in question, the Assistant Registrar proceeded to issue directions for holding of elections for constitution of the committee of management of the society in question. This direction, he proceeded to make by invoking the provisions of Section 25(2) of the Act, 1860. For the purpose of conduct of the said elections, the Assistant Registrar proceeded on the basis that the electoral college comprised of 52 members, the details of which were submitted before him by Sri Hriday Narain Misra (the 3rd Respondent in these proceedings) and Sri Ram Sammukh Tripathi. It was this list submitted by Sri Tripathi which was declared to constitute the electoral college. During the course of hearing Sri Khare had also handed across the board a newspaper extract which carried the detailed election programme and pursuant to which the Court was informed that elections had taken place on 24 May 2015.

4. Having heard learned counsel for the parties and having perused the materials on record, it transpires that the Shahganj Public School was incorporated as a society as far back as in 1944. The registration of the society admittedly came to be accorded lastly on 11.07.1991. In terms of this order, the society stood renewed for a period of five years w.e.f. 10.10.1990. The order of the Assistant Registrar records that thereafter no periodical renewal of the society was undertaken and consequently, it became deregistered. The Assistant Registrar further found that one Ashok Kumar Sinha submitted papers for renewal on 07.02.1996. It was during the pendency of consideration of the aforesaid papers that one Jagdish Narain Sinha submitted papers alongwith a letter of 18 September 2007. This letter further carried proceedings of a purported election stated to have been held on 05.07.2000.

5. While the aforesaid proceedings remained pending before the Assistant Registrar, Sri Ashok Kumar Sinha alongwith his letter of 26.06.2014 proceeded to deposit fee for renewal and election proceedings of the committee of management and a list of office bearers alleged to have been elected right from 1997-1998 to 2012-2013. Alongwith these papers, Sri Sinha further submitted a list which was stated to represent the general body of the society as existing in 2012-2013.

6. A third front came to be opened up before the Assistant Registrar with one Sri Hridaya Narain Mishra (the 3rd respondent herein) filing parallel proceedings of the society right from the year 1990-2014. Sri Dixit alongwith his application also deposited the fee seeking renewal of the society upon the papers submitted by him.

7. Faced with these competing claims, the Assistant Registrar proceeded to issue notice to respective parties and afforded them an opportunity to file relevant papers and documents in support of their respective claims. Shorn of all over superfluous fact