By the Court.—

Civil Misc. Delay Condonation Application No. 320497 of 2016

Delay in filing the Special Appeal has been explained to the satisfaction of the Court.

Delay is condoned.

Delay Condonation Application is allowed.

Order on Memo of Appeal

Heard learned counsel for the parties.

2. Counsel for the petitioner submits that writ petition No. 58418 of 2008 as well as present appeal may be disposed at this stage without calling for any further affidavit.

3. While hearing the present Special Appeal a Division Bench of this Court framed two issues for consideration by a larger Bench under the judgment and order dated 3.10.2016 which read as under :

“(a) Whether there can be a mandamus to the Authorised Controller/District Magistrate to hold election of office-bearers of a registered society contrary to the provisions of Section 25(2) of the Societies Registration Act.

(b) In the facts of the case, in absence of the determination of the electoral college in terms of the directions dated 3.1.2007 issued in Writ Petition No. 48538 of 2007, whether there can be a direction to the Authorized Controller/District Magistrate to hold elections, more so when the Second Appeal is pend