JUDGMENT :

This is a respondent's appeal arising out of a judgment and order passed by the learned Single Judge allowing the writ petition.

2. The Committee of Management, Madrasa Arbia Azizia Majaharool Uloom, Nichlaul Bazar, District Maharajganj has its affairs torn by factional war. One faction is represented by Abid Ali, who claims to be the lawfully elected Manager, whereas the other is represented by Muhammadullah.

3. Madrasa Arbia Azizia Majaharool Uloom, Nichlaul Bazar, District Maharajganj is a Society registered under the Societies Registration Act, 1860 (for short, 'the Act'). It was registered on 18.4.1975. The Society is governed by its bylaws. The Society maintains an educational institution. The institution that the Society maintains is funded by the State. The Society has a General Body and a Committee of Management. The tenure of the Committee of Management is three years under the bylaws. Bylaw 23 provides for the various office bearers, who are to be elected from amongst the Members of the General Body. The office bearers are the President, the Vice President, the Manager, the Deputy Manager, besides members of the Committee. Bylaw 26 provides for the contingency, w