The main legal point established in the judgment is that a writ petition is not maintainable without proper authorization from the society or its manager.

Ritu Raj Awasthi,J.

Short counter affidavit on behalf of opposite party no. 2 filed today in Court is taken on record.

2. Heard learned counsel for petitioner as well as learned Additional Chief Standing Counsel and learned counsel for opposite party no. 2.

3. Learned Additional Chief Standing Counsel has raised preliminary objection regarding maintainability of writ petition on the ground that there is no resolution of the Committee of Management authorizing petitioner to challenge the impugned order, as such, the writ petition is not maintainable.

4. On the basis of instructions, it is further submitted by learned Additional Chief Standing Counsel that there is no dispute to the election held on 21.8.2010 wherein the petitioner no. 2 was said to be elected as Manager and opposite party no. 2 as President, however, subsequently the petitioner no. 2 had resigned from the post of Manager and his resignation was duly accepted by the Committee of Management in the meeting dated 11.9.2012 and vide resolution dated 18.9.2012 list of office bearers for 2012-13 was sent to the Deputy Registrar which contain the name of one Sunder Lal as Manager who was earlier elected as Deputy Manager in the election held on 21.8.2010. The Deputy Registrar has accepted the said list of office bearers for the year 2012-13.

5. Learned counsel for petitioner submitted that petitioner no. 2 had categorically denied the resignation as alleged by the opposite party no. 2, as such, there arose a dispute with respect to continuation of an office bearer of the Society and, as such, it was required to be referred to the Prescribed Authority for adjudication under Section 21 (1) of Societies Registration Act.

6. In support of his submission, learned counsel for petitioner relies on a Division Bench judgment of this Court in the case of Maha Narayan Pandey and others Vs. Registrar, Chit Funds, Firms & Societies, U.P. Lucknow and others; [1984 UPLBEC 550], particularly paragraphs 7 & 9 which on reproduction read as under:

"7. In his impugned order the Registrar formulated the points requiring his determination as follows: -

(1) Removal of Mewa Ram Tewari and Bharat Singh from the membership of the Society.

(2) Resignation of Maha Narayan Pandey from the office of Manager.

(3) Amendment in Smriti Patra and Niyamawali.

(4) List of new office bearers of the Society.

9. In respect of the amendment of Smriti Patra and Niyamawali the Registrar held that the Basic Education Department had been requiring the petitioner No. 1 to amend the said documents so as to bring them in conformity with law, but petitioner No. 1 was not taking any steps in that behalf. The Registrar further held that the amendment now made in the Smriti Patra and Niyamawali are in accordance with the requirement of law and they are, therefore, valid. The question of amendment of Smriti Patra and Niyamawai is not mentioned in sub-section (1) of Section 25 reproduced above. Obviously this question was not one which was required to be decided by the Prescribed Authority. However, point Nos. 2 and 3 are clearly covered by the provisions of sub-section (1) of Section 25. Annexure No. 1-A shows that Bharat Singh was Agriculture Secretary. He was, thus, an office bearer of the Society. Implicit in his alleged removal from the membership of the Society was his removal from the office of the Agriculture Secretary. Therefore, one of the questions that arose and which has been decided by the Registrar was whether Bharat Singh could continue to hold office of the Agriculture Secretary. In view of the finding recorded by the Registrar, Bharat Singh continues to hold that office. Again there was dispute as to whether petitioner No. 1 continue to hold office of the Manager or the said office had devolved upon opposite party No. 2 on the basis of the alleged nomination made by petitioner No. 1. This dispute became necessary to be decided in view of the new list of the office bearers submitted to the Registr