JUDGMENT :

1. Heard Shri Radha Kant Ojha, learned Senior Counsel, assisted by Shri Shiv Prakash Gupta, learned counsel for the petitioners, learned Standing Counsel for the State-respondent Nos. 1 and 4, Shri Rajiv Sharma, learned counsel representing respondent Nos. 2 and 3 and Shri Abhishek Pandey, learned counsel for the complainant in exercise of power under Chapter XXII Rule 5-A of Allahabad High Court Rules, 1952 inasmuch as the said complainant had filed caveat application, but has not been impleaded as respondent.

2. This writ petition has been filed challenging the order dated 05.04.2023 whereby the Director, Khadi & Village Industries Commission (respondent no.3) has communicated the Divisional Director that the Competent Authority has authorized him to act as an Administrator to take care of the day to day affairs of the Kshetriya Shri Gandhi Ashram, Meerut in anticipation of the Commission’s approval till a new management is elected after following due procedure, with a view to safeguard the funds deployed by the Khadi and Village Industries Commission (KVIC) and also to protect the large number of artisans and workers associated with Khadi Industry. Another order under challenge is dated 09.09.2022 whereby the Deputy Registrar (respondent no.4) has dislodged the executive body of the petitioner Committee of Management and has directed for holding of fresh elections in purported exercise of powers under Section 25(2) of the Societies Registration Act, 1860.

3. As per the pleadings contained in the writ petition, Kshetriya Shri Gandhi Ashram, Garh Road, Meerut is a registered Society under the Societies Registration Act, 1860. Its parent body is Shri Gandhi Ashram, Lucknow, as provided in Clause-21 of the Bye-laws of the Society. It has two types of members; one is trustee and another is general member and at this moment total 11 members are alive and working, 4 are trustees and 7 are general members. The Committee consists of (1) three permanent trustees amongst the alive trustees and (2) amongst the general members for a period of 3 years, members will be elected for the Committee of Management. In Clause 6 of the Bye-laws, it is provided that (1) out of the members of the Committee of Management one will be elected as Sabhapati (2) one or many Secretary will be appointed and there are 4 working trustees and 7 general members of the Committee of Management. A procedure has also been provided for enrollment/ election of the general members. As it is permanent body: (a) trustees are permanent members of the Committee and (b) amongst the total elected members, 1/3rd members will retire from the Committee. If Secretary/ President of the Committee is retired or a vacancy arises, then on the same post a person is elected for remaining period of 3 years. The present working President, namely, Mr. Ram Naresh Singh was elected as President in the month of August, 2021, therefore, he will continue upto the month of August, 2024. So far as the Secretary, namely, Mr. Prithvi Singh Rawat is concerned, he was elected as Secretary in the month of July, 2020, therefore, new election to the post of Secretary will be held in the month of July, 2023. Similarly, the general election of 1/3rd members of the Committee will be held in the month of July, 2023. Parent body i.e. Shri Gandhi Ashram, Lucknow has directed to the Khestriya Shri Gandhi Ashram, Garh Road, Meerut to lease out certain property in favour of one Ranuka Ashiyana Private Limited, Resident of 239 Asoda House Western Kutchery Road, Meerut and on this instructions, the Secretary, Kshetriya Shri Gandhi Ashram, Garh Road, Meerut has executed registered sale deed in favour of Ranuka Ashiyana Private Limited, Resident of 239 Asoda House Western Kutchery Road, Meerut on rent of Rs.1,80,000/- and also advance money to a sum of Rs.5 crore was given in favour of parent body i.e. Shri Gandhi Ashram, Lucknow and after aforesaid lease was executed, certain complaints were made, on whi