Hon’ble Mahesh Chandra Tripathi, J.—Heard Sri G.K. Singh, Senior Advocate assisted by Sri V.K. Singh, learned counsel for the petitioners; Sri Pankaj Rai, learned Additional Chief Standing Counsel for the respondent Nos. 1 and 2 and Sri Neeraj Tripathi, learned counsel for the respondent No. 3.

2. By means of this writ petition, the petitioners have prayed for quashing the impugned order dated 10.6.2015 passed by the Deputy Registrar, Firms, Societies and Chits, Kanpur.

3. Brief facts giving rise to the present case are that there is a Society known as “Sri Swami Vivekanand Madhyamik Vidyalaya Sahar, District Auraiya” (hereinafter referred to as the Society). The Society was registered on 30.7.1969 under the Societies Registration Act, 1860 (in short the Act), renewed from time to time. The affairs of the Society are governed by its bye-laws. According to bye-laws of the Society, as amended upto date, there are two categories of members i.e. founder members and ordinary members. The name of five founder members are mentioned in the bye-laws. The bye-laws further provides that in case a vacancy occurs in respect of the founder member, it shall be filled up by nomination by the remaining founder members. With regard to the ordinary members, the bye-laws provide that any person, who intends to become a member, has to deposit Rs. 10/- annually and in case he deposits Rs. 36/- in one instalment, he would become member for three years. The interested person has to move an application before the founder members and the founder members in a meeting to be held for that purpose may accept the said person as a member.

4. The last undisputed election of the Committee of Management of the Society was held on 16.7.2007, in which one Jagdamba Singh Chauhan was elected as President and Shri Ganga Kumar Pandey was elected as Secretary. For the first time, the proceeding of the election dated 16.7.2007 was filed before the Deputy Registrar, Firms, Societies and Chits, Kanpur on 16.3.2012 by Shri Ganga Kumar Pandey, Secretary alongwith an application for renewal of the registration of the Society with effect from 10.10.2010 for a period of five years. Alongwith the said application, Shri Ganga Kumar Pandey also filed a copy of the resolution dated 16.3.2012 for holding election of the Committee of Management; a list of 20 members of the general body and the list of office bearers of the Society for the year 2011-12. The Deputy Registrar passed an order on 19.3.2012 granting renewal of registration of the Society from 10.10.2010 for five years. According to bye-laws, the tenure of the Committee of Management is of five years. The term of the Committee of Management expired on 15.7.2012 and no election was held by the then Committee of Management.

5. In the meanwhile, some persons moved an application before the founder members for becoming members and they had also deposited the requisite fees as per the bye-laws. They were accepted as members by the founder members. The list of the members of the general body was approved and finalized in the meeting of the general body held on 12.6.2011. The aforesaid meeting dated 12.6.2011 was convened by the then Secretary Shri Ganga Kumar Pandey and the proceedings of the said meeting dated 16.6.2011 were signed by him. By resolution No. 2, the list of 52 members including old and new members was finalized and the meeting dated 12.6.2011 was also attended by the newly enrolled members. Shri Jagdamba Singh Chauhan, President submitted his resignation and his resignation was accepted vide resolution-3 on 12.6.2011 and vide resolution-4 the post of president was filled up by electing one Shri Anil Yadav as President. Shri Ganga Kumar Pandey, the then Secretary moved an application on 15.9.2014 together with the list of office bearers of the year 2014-15. Alongwith the aforesaid application, the proceedings dated 12.6.2011, by which the change in the list of office bearers had been brought about and the