Hon’ble Manoj Misra, J.—The present petition assails an order dated 18.12.2017 passed by the Prescribed Authority/Up Zila Adhikari, Bijnor in Misc. Case No. T2016131601100 of 2015, upon a reference under Section 25(1) of the Societies Registration Act, 1860 (in short the Act, 1860), whereby the election dated 14.8.2014 has been set aside and the Assistant Registrar, Firms, Societies and Chits, Moradabad Region, Moradabad (in short Assistant Registrar)has been directed to hold fresh election on the basis of list of members of the general body which was finalized by the Assistant Registrar as per order dated 12.10.2012.

2. A brief narration of background facts would be apposite. There is a society by the name of Sri Vidur Sewa Ashram, Dara Nagar Ganj, Bijnor (in short the Society), which is registered under the Act, 1860. The said society has established an intermediate college by the name of Sri Vidur Guru Grih Inter College, Dara Nagar, Vidur Kuti, Bijnor (in short the college or institution) which is recognized as well as aided and is governed by the provisions of Uttar Pradesh Intermediate Education Act, 1921 (in short Act, 1921) and Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 (in short Act, 1971).

3. The general body of the Society and the college is common. The term of office-bearers of the Society is three years. The last undisputed election of the office-bearers of the Society was held in the year 2000 with general body comprising of 800 members.

4. In respect of election of the committee of management of the college held in the year 2009 with general body comprising of 389 members, a dispute had arisen, which came for adjudication before this Court in Writ C No. 25704 of 2011 alongwith Writ C No. 28467 of 2011. Both petitions were allowed by order dated 12.1.2012. As a result the election dated 7.5.2009 and its approval was set aside with direction to the Joint Director of Education, Moradabad (in short the Joint Director) to finalize the electoral roll on the basis of the membership list of the year 2000, having regard to the Scheme of Administration and the order of Commissioner dated 31.12.2003 and, thereafter, hold election. It was also provided that till elections are held, there shall be an authorized controller appointed in the institution.

5. As the election of the office-bearers of the Society had also become over due, the Assistant Registrar, vide order dated 12.10.2012, declared the committee of management of the Society as time barred and decided to hold election of the office-bearers of the Society under Section 25(2) of the Act, 1860, with an electoral college that was to be determined by the Joint Director as per the order dated 12.1.2012 passed by this Court in Writ C No. 25704 of 2011.

6. On 19.3.2013, the Joint Director determined the electoral college comprising of only those members who had participated in the last undisputed election of the year 2000. On the basis of that electoral college, election of the committee of management of the college was held on 25.4.2013 which was approved by the Regional Level Committee vide order dated 15.6.2013 against which Writ C No. 44197 of 2013 is stated to be pending without any interim order.

7. In the meantime, as no election of the Society was held, Writ C No. 19740 of 2014 was filed before this Court for a direction upon the Assistant Registrar to hold election under Section 25(2) of the Act, 1860. The said petition was disposed of by order dated 3.4.2014 requiring the Assistant Registrar to hold election, preferably, within a period of three months from the date of communication of the Court’s order.

8. Pursuant to the direction given by this Court in Writ C No. 19740 of 2014, the Assistant Registrar published an election schedule and thereafter published a provisional voter-list by including those members who had participated in the year 2000 undisputed election as well as tho