Hon’ble Mrs. Sangeeta Chandra, J.—Heard Sri P.N. Sexena, learned Senior Counsel assisted by Sri Rajneesh Kumar Srivastava for the petitioners and Sri R.K. Ojha, learned Senior Counsel assisted by Sri Ratnakar Upadhyay for the respondent No. 3 and the learned standing counsel appearing for the respondent Nos. 1 & 2.

2. The petitioners have challenged the order dated 7.3.2014 passed by the Prescribed Authority and have prayed for a mandamus to be issued to the Prescribed Authority to decide the Reference Petition No. 2 of 2011 on its merits.

3. The facts as could be gathered from the pleadings on record and the judgments of this Court in earlier rounds of litigation filed by either of the parties are being given in brief as follows :

4. There is a Society by the name of Kisan National Education Trust which was initially registered on 20.11.1946. It runs an Intermediate College and also a Degree College in Pratapganj, Jaunpur.

5. The Kisan National Education Trust (herein after referred to as ‘Kisan Samiti’) had no elections conducted for past several years. Some of the members of Kisan Samiti approached the Assistant Registrar, Firms, Societies and Chits and in pursuance thereof, the Assistant Registrar passed an order on 13.10.2010 directing that the elections be held for which membership was determined on 20.1.2011. The Kisan Samiti approached this Court in Writ Petition No. 8181 of 2011. This Court initially granted an interim order to the effect that the elections may be held in pursuance of the impugned order dated 20.1.2011, but the result may not be declared.

6. In the order dated 20.1.2011, the Assistant Registrar had expressed his doubt with regard to the membership list submitted by rival parties to the dispute. Anil Kumar Upadhyay submitted his list on 28.10.2010 containing 46 names whereas Dr. Arun Kumar Upadhyay submitted another list on 27.7.2010.

7. The Assistant Registrar in the initial order dated 22.12.2010 had accepted the list of members as submitted by Anil Kumar Upadhyay and Arun Kumar Upadhyay and also the list as registered in the office of the Registrar and circulated of provisional membership list of 202 members inviting objections. Both Anil Kumar Upadhyay and Dr. Arun Kumar Upadhyay had filed objections.

8. In the objections of Arun Kumar Upadhyay dated 6.1.2011, the list submitted by the rival claimants was doubted on the ground that he had been looking after the work of the Society during the lifetime of Bateshwar Nath Upadhyay his father, who was the founder Manager since long. Shri Anil Kumar Upadhyay was never elected as President nor Jagdish Upadhyay elected as Secretary/Manager. Infact the membership of Jagdish Upadhyay had been terminated in 1974 by a resolution of the general body. Anil Kumar Upadhyay had submitted a completely fabricated list of 80 members.

9. On the other hand, Anil Kumar Upadhyay in his objections dated 6.1.2011 disputed the list submitted by Arun Kumar Upadhyay saying that only the list that was in existence during the lifetime of late Bateshwar Nath Upadhyay under his signature could be considered to be the valid list of membership and should be taken as the electoral college.

10. Ultimately in his order dated 20.1.2011, the Assistant Registrar discarded the list submitted by both Arun Kumar Upadhyay and Anil Kumar Upadhyay and accepted 51 members as their names had been mentioned in the list submitted by late Bateshwar Nath Upadhyay. Some of the members had in the meantime died, only the names of dead members were deleted. Only such names of dead members were accepted as were common in the lists submitted by both Dr. Arun Kumar Upadhyay and Anil Kumar Upadhyay.

11. The list of 46 members so approved contained the names of 5 sons of late Bateshwar Nath Upadhyay, namely Anand Kumar Upadhyay, Awani Kumar Upadhyay, Anil Kumar Upadhyay, Dr. Arun Kumar Upadhyay, Arvind Kumar Upadhyay and also the name of Badrinath Mishra - the respondent No. 3. An election programme w