The main legal point established in the judgment is the correct interpretation and application of Section 4-B of the Societies Registration Act, 1860, and the appropriate course of action when the Deputy Registrar's view is found to be erroneous.

This special appeal has arisen from a judgment and order of the learned Single Judge dated 14 October 2015.

2. A body by the name of Sri Jain Dharm Parvardhani Sabha was initially registered under the Societies Registration Act, 1860 on 6 September 1972. The registration of the society was renewed on 24 September 1996 with effect from 10 October 1985 and was valid until 9 October 2000. Thereafter, after the lapse of thirteen years, an application for renewal of the registration was filed on 27 November 2013 and the registration of the society was renewed on 31 December 2013. The appellants filed an application for recall of the order, which was rejected by the Deputy Registrar on 11 December 2014. The first writ petition1 was filed before a learned Single Judge for challenging that order. Thereafter, the Registrar passed another order on 23 January 2015 accepting the list of members of the Committee of Management and allowing the amendments in the bye-laws which was the subject matter of the second writ petition2. During the pendency of the writ petition, an interim order was passed directing the Registrar/Deputy Registrar to decide upon the rival lists in respect of members of the general body and to finalize the list of members within a stipulated period. The general body, as finalized by the Registrar/Deputy Registrar, was thereafter directed to hold elections.

3. After the order of this Court dated 1 April, 2015, the Deputy Registrar finalized the list of members of the general body on 20 July 2015. This order was set aside on 29 July 2015 in Writ Petition No.4335 (M/S) of 2015 on grounds of the violation of the principles of natural justice and the proceedings were remanded back. Thereafter, the Registrar passed a fresh order, which was impugned before the learned Single Judge. The judgment of the learned Single Judge dated 14 October 2015 having been rendered, this special appeal has been filed.

4. The learned Single Judge dismissed the writ petition and issued directions for the Registrar/Deputy Registrar to call for a meeting of the general body within two weeks, so that the election programme could be re-scheduled.

5. Section 4-B was introduced into the Societies Registration Act, 1860 by U.P. Act 23 of 2013 and came into force with effect from 9 October 2013. Section 4-B reads as follows:

"4-B. (1) At the time of registration/renewal of a society, list of members of General Body of that society shall be filed with the Registrar mentioning the name, father's name, address and occupation of the members. The Registrar shall examine the correctness of the list of members of the General Body of such society on the basis of the register of members of the General Body and minutes book thereof, cash book, receipt book of membership fee and bank pass book of the society.

(2) If there is any change in the list of members of the General Body of the society referred to in sub-section (1), on account of induction, removal, registration or death of any member, a modified list of members of General Body, shall be filed with the Registrar, within one month from the date of change.

(3) The list of members of the General Body to be filed with the Registrar under this section shall be signed by two office bearers and two executive members of the society."

6. The Deputy Registrar was of the view that the amended provisions of Section 4-B had no application. The relevant part of the observations of the Deputy Registrar read as follows:

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