Hon’ble Tarun Agarwala, J.—The petitioner in Writ Petition No. 54357 of 2016, Vinod Kumar Varshney v. State of U.P. and others, contends that he is a member of the general body of the society and has the right and locus to question the action of the Committee of Management of the society.

2. The brief facts in this writ petition is, that there is a society known as Barah Saini College Society, Aligarh, which held its last election on 20th October, 2013. The term of the Committee of Management was three years, which expired on 20th October, 2016. Prior to the expiry of the period, a notice dated 4th October, 2016 was issued by the Secretary to convene a meeting on 20th October, 2016 on which date, the members of the general body resolved to hold a fresh election, which was fixed for 25th December, 2016. Based on this resolution, an election notice dated 30th October, 2016 was published in the Dainik Jagran newspaper intimating that the election would be held on 25th December, 2016. This election notice has been questioned in the writ petition on the ground that once the term of the Committee of Management comes to an end, the said Committee of Management has no right to convene a meeting or hold an election. The petitioner has also prayed for a writ of mandamus commanding the Deputy Registrar, Firms, Society and Chits to hold the election in exercise of his authority under Section 25(2) of the Societies Registration Act, 1860 (hereinafter referred to as the Act).

3. The petitioner in Writ Petition No. 34408 of 2016, C/M Barauli Vidyalaya Samiti and another v. State of U.P. and others, contends that the last election of Barauli Vidyalaya Samiti, Aligarh was held on 28th March, 2010. The elections were not held even after the expiry of the term and, accordingly, a complaint was filed by certain members before the Assistant Registrar, Firms, Society and Chits praying that since no election has been held, the Assistant Registrar should take suitable action under Section 25(2) of the Act and hold the election. Based on this complaint, a notice was issued to the Committee of Management to file their objections, if any. It is alleged that a detailed objection was filed intimating that an election was held on 4th April, 2015. The Assistant Registrar, by the impugned order held that the Committee of Management had no right to hold the election after the expiry of its term. The Committee of Management, being aggrieved, has filed the writ petition.

4. The learned Single Judge while hearing the matter found that there were conflicting decision on the issue as to whether the Committee of Management could convene a meeting and hold an election after the expiry of its term. The learned Single Judge by its order dated 29th November, 2016 held that the matter requires consideration by a larger Bench on the following questions, namely :

“(i) Whether, the office bearers of the society registered under the Act of 1860 ceases to have lawful authority to hold elections to constitute its managing committee, immediately upon expiry of its term specified in the Rules of the Society, or the right to hold election subsists till a meeting of election is called by Registrar under sub-section (2) of Section 25 of the Act, and no other meeting can be called for the purpose thereafter by virtue of sub-section (3)?

(ii) Whether the expression “May” used by the legislature in sub-section 2 of Section 25 is peremptory in nature, or it admits of any discretion with the Registrar in exercise of such power, and the limits thereof?

(iii) Whether the judgment in Committee of Management Siksha Prasar Samiti, Dharai Mafi, Sultanpur and others (supra) as well as Gyanodaya Association Sansaripur and another (supra) correctly lay down the law on the subject?”

5. Based on the said order, the Chief Justice has nominated this Bench to answer the aforesaid questions.

6. We have heard Sri Jahangir Jamshed Munir, Advocate, Sri Govind Kumar Singh, the learned Senior Advo