Hon’ble Neeraj Tiwari, J.—Heard Sri Narendra Kumar Chaturvedi, learned counsel for the petitioners, Sri Kundan Rai, learned counsel for respondent No. 4 and learned Standing Counsel for respondent Nos. 1 and 2.

2. With the consent of learned counsel for the parties, without calling for counter-affidavit petition is being disposed of at the admission stage itself.

3. By means of this writ petition, petitioner is challenging the order dated 9.10.2017 passed by respondent No. 2-Prescribed Authority.

4. Brief facts of the case are that there is a Society in the name of Kshetriya Shri Gandhi Ashram Maghar District-Sant Kabir Nagar and a dispute arose with regard to the election of Office Bearer of the Society. Assistant Registrar, Gorakhpur i.e. respondent No. 2 vide order dated 12.1.2016, declared Committee of Management of Society as time barred and further held that election shall take place under the provision of Section 25(2) of the Societies Registration Act, 1860 amongst the list of valid members of general body of the year 2014-15 excluding dead and retired members.

5. Against the order dated 12.1.2016, respondent Nos. 3 to 5 had filed Writ-C No. 11569 of 2016 and petitioners had also filed Writ-C No. 23507 of 2016 for directing the respondent No. 2 to register the list of office bearers elected in election dated 17.3.2016, which was held pursuant to the order dated 12.1.2016. Both the writ petitions were decided by the Court vide order dated 23.8.2016 and in first writ petition i.e. Writ-C No. 11569 of 2016, this Court held that election in terms of Section 25(2) of the Societies Registration Act, 1860 has been held on 17.3.2016, therefore, petition is dismissed as infructuous. However, the Court had made it clear that dismissal of writ petition shall not preclude the petitioner from assailing the elections before the competent authority as per law. So far as second petition is concerned, i.e. Writ-C No. 23507 of 2016, the same was also disposed of on the same date with a direction to Assistant Registrar, Firms Societies & Chits, Gorakhpur Region, Gorakhpur to pass appropriate order in terms of Section 4 of the Societies Registration Act in respect of the governing body of the petitioners elected pursuant to election dated 17.3.2016.

6. In compliance of the order of the Court dated 23.8.2016, respondent No. 2 vide order dated 28.9.2016 discarded the election dated 17.3.2016 and directed to hold fresh election amongst the members of general body of the years 2014-15 excluding dead and retired members. vide same order, he has also appointed District Village Industry Officer, Sant Kabir Nagar as Election Officer. Pursuant to the order dated 28.9.2016, election of Committee of Management of the Society was held on 4.11.2016 and 5.11.2016, in which 7 members had participated.

7. Pursuant to election held on 4.11.2016 and 5.11.2016, respondent No. 2-Assistant Registrar on 17.11.2016 under Section 4 of the Societies Registration Act, 1860 registered the list of Committee of Management of the Society for the years 2016-17. Against the said order, respondent Nos. 3 to 5 filed Writ-C No. 58365 of 2016 challenging the same, and the same was taken up of by the Court on 9.12.2017. In the writ petition, respondents/petitioner have raised preliminary objection that petitiioners had already filed representation under Section 25(1) of the Societies Registration Act, 1860 and this fact is not disclosed in the writ petition, therefore, petition is not maintainable. On the objections raised by learned counsel for the respondents/petitioner, the Court has sought instructions from learned counsel for the petitioner. On the receipt of instruction, this fact was found correct, therefore, ultimately vide order dated 2.1.2017, the writ petition was finally disposed of with a direction to Prescribed Authority/Sub-Divisional Magistrate, Sant Kabir Nagar to decide the reference strictly in accordance with law. Respondents/petitioners had also