JUDGMENT :

Sangeeta Chandra, J.

The Writ Petition No.8130 (MS) of 2014 has been filed by Jagdambika Prasad Pandey challenging the order dated 27.11.2014 issued by Deputy Registrar, Firms Societies and Chits, Gonda (for short 'Deputy Registrar'), asking the District Inspector of Schools to hold elections of the Society and the order dated 18.12.2014 passed by District Inspector of Schools, Gonda, asking the Principal GGIC to hold such elections on the basis of list provided by the Deputy Registrar. Writ Petition No.273 (MS) of 2015 has been filed by one Govind Tiwari also challenging the same orders. For the sake of convenience, this Court will hereinafter refer to Writ Petition No.8130 (MS) of 2014 as first Writ Petition and its Petitioner Jagdambika Prasad Pandey as Objector no.1 and Writ Petition No.273 (MS) of 2015 as Second Writ Petition and its petitioner Govind Tiwari as Objector no.2.

2. The brief facts of the case are being narrated as follows:

A Society by the name of Janta Shiksha Prasaar Samiti, Gonda was initially registered at File No.I14254 with Registration No.1041 on 8.2.1965. The Memorandum of Association and the Bye-laws were submitted in the office of the then Assistant Registrar and since there was no statutory provision at that time for renewal of registration, no efforts were made by the Committee of Management of the Society to get renewal of registration done later on.

3. The Bye-laws of the Society, which have been repeatedly referred to, by the learned counsel for the petitioners, have been filed as Annexure to the first writ petition. It is apparent from the same that the Society was registered under the name of Janta Shiksha Prasaar Samiti, Gonda with its Memorandum of Association being signed by five members of the Committee of Management, namely, Ram Raj Tiwari, Jhinku Prasad Pandey, Ram Lakhan Pandey, Govind Tiwari (Objector no.2) and Ram Narain Pandey. The Memorandum of Association mentions names of eleven office bearers of the Committee of Management of the Society. The names of Parmeshwar Prasad Pandey, the contesting respondent in both the petitions or of the Objector no.1 are not mentioned but the name of Objector no.2 has been mentioned as one of the founder members.

4. In the Bye-laws of the Society, Clause-4 states that four types of members would constitute the General Body of the Society. There were Patron members, who would deposit Rs.1001/- in lump-sum or there were Life members, who would deposit Rs.1001/- or more. There were Ordinary members, who would deposit Rs.51/- for ten years membership, Rs.25/- for seven years membership, Rs.10/- for five years membership of the Society. There were also Village members, which were those villages, which would deposit Rs.151/- through joint contribution in the office of the Society. Villages being represented by the Gram Pradhans. Such members would be inducted by the Committee of Management of the Society by mentioning their names in the Membership register.

5. Under Clause-5 of the Bye-laws, three office bearers have been mentioned i.e. President, Vice President and Secretary, who would be Office bearers of the Society as also the Inter College to be established by the said Society for a period of five years on being elected by the Sarvajanik Mandal. The Sarvajanik Mandal was to consist of all members mentioned under Clause-4.

6. The Sarvajanik Mandal was entrusted with the responsibility of establishing the School and for arranging funds for the same. The Bye-laws also envisage under Clause-9 the constitution of an Advisory Committee called the Salahkaar Mandal, consisting of Manniya Sadasya and Vishistha Sadasya. For example; the M.P. and M.L.A. of the area concerned, Block Development Office and Chief Development Officer and such members from amongst life members, who had some experience in the field of education, as also five members to be nominated by the Committee of Management of the Society concerned.

7. The Advisory Committee or Salahkaar Man