Hon’ble Mrs. Sangeeta Chandra, J.—This writ petition has been filed by the petitioners challenging the order dated 22.6.2015 passed by the Prescribed Authority/SDM, Sikandarpur, District Ballia whereby the Prescribed Authority has recognized the Respondent No. 4, Chandra Shekhar Upadhyay as manager of Committee of Management running Janta Seva Mandal Nava Nagar, District Ballia which in turn is also a Society which runs Swatantrata Senani Balika Vidyalay, Nauratanpur, Ballia.

2. The facts of the case as pleaded by petitioners’ counsel Shri ManishKumar Nigam and also evident from the writ petition are that the Society as mentioned herein-above runs a Junior High School. One Deo Nath Upadhyay happened to be founder manager of the aforesaid Society till his death on 20th of July, 1992. After the death of undisputed manager Deo Nath Upadhyay, one K.K. Upadhyay set up his claim as manager of the Committee of Management; who was the son of Deo Nath Upadhyay. A rival claim to the post of manager of the Committee of Management was also made by one B.K. Upadhyay. The Assistant Registrar, Firms, Societies and Chits referred the matter to the Prescribed Authority under Section 25 (1) of the Societies Registration Act on 19.1.1996 and since then, the dispute remained pending before the Sub Divisional Magistrate. Thereafter, on 25.5.1997 K.K. Upadhyay who had set up the rival claim for being manager of Janta Seva Mandal died.

3. In 1997 fresh elections were held and according to the petitioner he was elected as manager of the Committee of Management and thereafter, after every three years elections were held in 2000, 2003, 2006, 2009 and 2012 in which the petitioner was elected as manager of the Committee of Management of the School in question. However, neither the Assistant Registrar, Firms, Societies and Chits nor Education Authorities i.e. Basic Shiksha Adhikari recognizied the elections held by the Committee of Management. The dispute regarding the rival claim set up by B.K. Upadhyay and K.K. Upadhyay also remained pending with the Prescribed Authority.

4. In the meantime, one Iqbal Ahmed arrayed as Respondent No. 5 in this writ petition also raised dispute regarding his election as manager of the Committee of Management and the Assistant Registrar by his letter dated 26.2.2009 wrote to the Prescribed Authority that the reference made earlier by his office on 19.1.1996 remained pending and at the same time, Iqbal Ahmed has now claimed himself to be elected manager of the Committee of Management. A request was made for decision of the dispute at the earliest.

5. After the letter of Assistant Registrar dated 26.2.2009 referring the claim made by the Iqbal Ahmed, the proceedings before the Prescribed Authority were again taken up. Petitioner, Laxman Yadav filed impleadment application in March, 2009 in the said dispute, which was pending, alleging that he had been elected as manager in 1997 of the Committee of Management and he has continued as such till 2009 and his claim should also be considered. The application dated 3.3.2009 was allowed by the Prescribed Authority and the petitioner was also heard in the proceedings that followed before the Prescribed Authority.

6. It is the grievance of petitioner that although he had stepped into the shoes of K.K. Upadhyay after his death in 1997 and the dispute that was originally referred to the Prescribed Authority by order dated 19.1.1996 being a dispute between the claims of B.K. Upadhyay and K.K. Upadhyay, only the said dispute should have been decided. B.K. Upadhyay had appeared before the Prescribed Authority on 20.2.2010 and had filed objections through his Power of Attorney Holder Chandra Shekhar Upadhyay (arrayed as Respondent No. 4 in this writ petition), denying the claim of Iqbal Ahmed that B.K. Upadhyay has resigned from the post of manager and in his place, Iqbal Ahmed had been elected. After putting in appearance and also giving his oral evidence before the Prescribed Auth