Hon’ble Devendra Kumar Upadhyaya, J.—Heard Dr. L.P. Mishra and Sri Sharad Pathak, learned counsel appearing for the petitioners, Sri Anil Kumar Tiwari, learned Senior Advocate, assisted by Sri Kshemendra Shukla and Sri Apporva Tiwari, learned counsel appearing for respondent Nos. 5 and 6, Sri Vikas Singh, learned counsel appearing on behalf of respondent No. 4 and learned Standing Counsel representing the respondent Nos. 1, 2 and 3.

2. Learned counsel appearing for the respective parties consent that this matter be decided finally at the admission stage itself. The Court proceeds accordingly.

3. The petitioners, who proclaim themselves to be the members of the General Body of a Society, known as Smarak Higher Secondary School, Ambedkar Nagar (herein after referred to the ‘’Society’), by instituting these proceedings under Article 226 of the Constitution of India have assailed the validity of an order dated 21.6.2017, passed by the Deputy Registrar, Faizabad Region, Faizabad whereby the earlier order dated 20.12.2016, passed by him has been declared to be void and further direction has been issued to conduct the election of the executive body of the Society declaring the executive body to have become barred by time under Section 25(2) of the Societies Registration Act, 1960.

4. At this juncture, it is observed that earlier on 20.12.2016, the Deputy Registrar had passed an order registering (taking on record) a list of 70 members of the General Body of the Society. On passing the impugned order, the Deputy Registrar has determined a list of 24 members of the General Body and has, thus, issued direction for holding election of the Committee of Management of the Society to be held from amongst these 24 members, vide the impugned order dated 21.6.2017.

5. Undisputedly, in the outgoing Committee of Management, one Sri Radhey Shyam Singh was elected as Manager. He is said to have expired on 19.9.2016. Before his death, as has been asserted by the learned counsel for the petitioners, two meetings of the General Body of the Society took place; firstly on 25.6.2015 and secondly on 25.5.2016. It has further been stated by the learned counsel for the petitioners that certificate of registration of the Society was renewed on 19.10.2015, w.e.f. 10.10.2015 and that after the last renewal of the registration of the certificate of the Society, membership of the General Body got increased as various individuals joined the Society as members of its General Body depositing subscription of Rs. 2,000/- each. In respect of this submission, the petitioners have annexed two resolutions of the General Body of the Society to the writ petition; one pertaining to the meeting held on 25.6.2015 and other, pertaining to the meeting held on 25.5.2016. He has also annexed the membership fee receipts issued to various individuals whereby the receipt of a sum of Rs. 2.000/- has been acknowledged by the then Manager, Sri Radhey Shyam Singh and Sri Har Govind Singh who according to the petitioners, was the president of the Society. It has further been stated that after the death of the Manager, Sri Radhey Shyam Singh, a list of 70 members of the General Body of the Society was submitted by one Sri Prem Narayan Singh, the treasurer of the Society, who has been arrayed as respondent No. 4 to this writ petition, to the Deputy Registrar and that the said list submitted to the Deputy Registrar was in terms of the requirement of Sub-section 2 of Section 4-B of the Societies Registration Act, 1860 and was submitted only for taking the said list on record. It is on the basis of the aforesaid list submitted by Sri Prem Narayan Singh that the Deputy Registrar passed the order dated 20.12.2016, which has been annexed as Annexure 14 to the writ petition, stating therein that the list of the General Body of the Society, 2016-2017 is registered as per rules and further that in case any fact is found to have been concealed or certain fabricated documents are found to hav