The main legal point established is that election disputes under the Societies Registration Act, including challenges to the validity of members entitled to vote, must be referred to the Prescribed Authority for adjudication as per Section 25(1) of the Act.

At the outset, learned counsel for the opposite parties submits that they have no objection in case delay in filing the appeal is condoned and the appeal is heard finally.

2. Since cause shown in the affidavit filed in support of application for condonation of delay in filing the appeal is satisfactorily explained, as such, C.M. Application No. 48461 of 2014 (application for condonation of delay) is allowed and the delay is condoned.

3. With the consent of learned counsel for the parties, we proceed to hear the appeal finally.

4. Heard learned Counsel for the parties to the lis and perused the record.

5. The instant special appeal arises out of the judgment and order dated 9.12.2013 passed in Writ Petition No. 7513 (M/S) of 2013, whereby the learned Single Judge dismissed the writ petition.

6. According to the appellant, the election of Society, namely, Kalakar Association Lucknow, registered under the Societies Registration Act, 1860, was held on 21.12.2012. On account of some irregularities in conducting the said election, the appellant had approached the Registrar, Firms, Societies and Chits, Lucknow by filing an election petition and requested the Registrar to refer it to the Prescribed Authority. The Registrar, instead of referring the matter to the Prescribed Authority, passed an order dated 1.2.2013, wherein it has been indicated that the writ petitionerppellant can get relief only from the High Court on the points which have been raised by him in the election petition.

7. Not being satisfied with the order dated 1.2.2013, writ petitionerppellant has approached this Court by filing writ petition No. 1196 of 2013 (M/S). Learned Single Judge, after hearing the parties and examining the materials on record, vide judgment and order dated 19.3.2013, allowed the writ petition partly and quashed the order dated 1.2.2013 with the direction to the Registrar, Firms, Societies and Chits, Lucknow to take appropriate fresh decision on the application/election petition No. NIL of 2012 dated 24.12.2012 contained in Annexure No.16 to the writ petition, in accordance with law and pass necessary orders.

8. In compliance of the judgment and order dated 19.3.2013, the Registrar had considered the application preferred by the appellant/writ petitioner and rejected it vide order dated 12.8.2013. Feeling aggrieved, the writ petitionerppellant has again approached this Court by filing another writ petition, namely, writ petition No. 7513 (M/S) of 2013 and the learned Single Judge, vide judgment and order dated 9.12.2013, dismissed the writ petition.

Hence the instant special appeal.

9. Mr. Vishal Singh, learned Counsel for the appellant submits that the order of any person or authority limiting the right to vote of election by certain person can be challenged before the competent authority or Court. The defective electoral roll can also be challenged before the competent authority or by filing a regular suit. There is no bar under the law to challenge the defective electoral roll as it affects the outcome of election. Sub-clause (c) of Sub-section (1) of the Section 25 of the Societies Registration Act provides that in case the result of any election is materially affected by the improper refusal or rejection of any vote or by non-compliance with the provisions of rules of the society, then the dispute can be referred to the prescribed authority by the Registrar. The Explanation I of Section 25 of the Act further provides that in case there is fraud, intentional misrepresentation of facts or to do a certain thing which may amount to corrupt practice may also be a ground for dispute before the Registrar. Accordingly, after the declaration of the result, the appellant has challenged the outcome of the election including the alleged faulty electoral roll but instead of referring the dispute to the Prescribed Authority, the Register had passed an order dated 1.2.2013, wherein it has been indicated that the writ petitionerppellant can get r