ORDER :

(Karunesh Singh Pawar, J.)

1. Heard learned counsel for the petitioner and learned Additional Chief Standing Counsel for opposite parties 1 and 2 as also Mr. Anil Tewari, learned Senior Advocate, assisted by Mr. R.C. Tewari, learned counsel for respondent No.3.

2. By means of this writ petition, the petitioner has prayed for a writ in the nature of certiorari quashing order dated 23.9.2013, passed by Deputy Registrar, Firms, societies & Chits, Faizabad Region, Faizabad, respondent No.2.

A further writ of mandamus has been prayed directing respondent No.2 not to give effect to the impugned order dated 23.9.2013 and not to disturb the functioning of the petitioner.

3. The petitioner No.1 is registered society, petitioner No.2 is the founder Manager and respondent No.3 was the founder President along with other office bearers. In the meeting held on 28.7.2008, a decision was taken for getting registered list of executive committee of management under section 4 of the Societies Registration Act, 1860 (in short, Act) for the year 2008-09. List of 39 members of the general body was approved in the resolution dated 15.6.2008. The Deputy Registrar vide order dated 22.10.2008 passed order for registration of the list for the year 2008-09. On 30.11.2008, a resolution was passed for getting renewal of the registration as well as membership of 35 new members of general body. The resolution was accepted and sanctioned strength of general body became 74.

On 9.12.2008, a letter was submitted before the respondent No.2 along with documents for renewal of society. Vide order dated 20.12.2008, the society was renewed and the renewal certificate was issued by respondent No.2 for further five years. On 21.12.2008, the resolution was passed of the society for holding election. Programme of the election was notified and separate agenda was issued for the election dated 18.1.2009. List of 74 members of general body was also published. The meeting was presided by respondent No.3 as President. On 18.1.2009, election of the committee of management was held in which the petitioner No.2 was again elected as Manager and respondent No.3 was elected as President. This meeting dated 18.1.2009 was confirmed in the meeting dated 8.9.2009. On 10.2.2009, the resolution dated 21.12.2008, 18.1.2009, 3.2.2009 and list of the office bearers along with the list of the members of the general body was submitted before the respondent No.2 along with other documents duly signed by respondent No.3 and the petitioner.

A letter dated 6.11.2012 was sent for registration of the office bearers as per election dated 18.1.2009. The same was duly registered by the respondent No.2. The respondent No.3 after enjoying the status of president of the society for more than four years of election moved an application for declaration of the society time barred by concocting story, to which a detailed reply dated 16.5.2013 was filed by the petitioner against notice sent by respondent No.2. On 6.1.2012, a first information report was lodged against respondent No.3 under sections 467, 468, 471, 419, 420 I.P.C. at police station Dewan. The respondent No.2 by the impugned order dated 23.9.2013, has declared the society time barred holding that the election of the society ought to have been concluded by 20.12.2008 which has not been conducted and on this ground has declared the committee of management of the society time barred w.e.f. 20.12.2008, with a further direction to hold election of the time barred committee of management from 12 members of the general body.

4. Learned counsel for the petitioner submits that it is not disputed that the election of the committee of management of the society was held from the list of 74 members which was recognised by the respondent No.2 himself by registering list of office bearers of the society by passing order dated 6.11.2012, contained in Annexure no.17 to the writ petition. Hence the election dated 18.1.2009 was recognised and was in knowled