JUDGMENT :

1. Heard Shri Gajendra Pratap, learned Senior Counsel assisted by Shri S.P. Srivastava, learned counsel for the petitioners, learned Standing Counsel for State-respondents and Shri Gautam Baghel for respondent no.3.

PREVIOUS PROCEEDINGS IN THIS CASE

2. This Court, after hearing learned counsel for both the sides, passed following order on 03.10.2023:-

“1. Supplementary affidavit filed today is taken on record.

2. Before hearing of this case commenced, Shri Gautam Baghel, learned counsel representing the respondent no.3 has placed before this Court, a copy of the order dated 14.09.2023 passed by the Assistant Registrar, Firms, Societies and Chits, Azamgarh Region, Azamgarh, which is taken on record.

3. Shri Gajendra Pratap, learned Senior Counsel was asked as to whether he proposes to challenge the said order or not, he submitted that since the subsequent order is a consequential order, in case the order impugned dated 17.06.2023 is found to be without jurisdiction and is set aside or stayed, the subsequent order would automatically stand nullified and, therefore, he does not propose to challenge the order dated 14.09.2023. With this submission, he proceeded to argue the matter.

4. Heard Shri Gajendra Pratap, learned Senior Counsel assisted by Shri S.P. Srivastava, learned counsel for the petitioners, learned Standing Counsel for State-respondents and Shri Gautam Baghel for respondent no.3.

5. Order Reserved.”

THE ORDER UNDER CHALLENGE

3. This writ petition has been filed challenging the order dated 17.06.2023 whereby the Assistant Registrar, Firms, Societies and Chits, Azamgarh Region, Azamgarh has, after recording certain findings with regard to the validity of list of members of General Body and certain elections of office bearership relied upon by both the parties, declared the Committee of the Society as “defunct/barred by time” w.e.f. 19.09.2022 and, for the purposes of holding elections in exercise of powers under Section 25(2) of the Societies Registration Act, 1860 (hereinafter referred to as ‘the Act, 1860’), he has issued a tentative list of members of General Body directing the parties to submit objections against the same with a further direction that election of the time-barred Society shall be held after finalizing the electoral college/membership list/voter list.

FACTS OF THE CASE

4. Shorn of unnecessary details, the facts of the case as per the pleadings contained in the writ petition, are that Chandrawati Shikshan Sansthan is an educational society registered on 27.09.2002 under the Societies Registration Act, 1860 and has its registered bye-laws to run and manage its affairs by a Committee of Management, which is periodically elected every 5 years by the general body of the Society. From the very inception of the said Society and until 10.11.2020 there were in all 11 members in the Society and all of them comprised managing committee of the Society. Respondent no.3 held the office of Dy. Manager (Up-Prabandhak) in the managing committee since inception of the Society and is holding the same office until now. In the year 2020, the Society decided to enrol members of the general body and an advertisement was got published in a daily newspaper, namely, Devvrat, dated 18.10.2020 by the Manager of the Society, pursuant whereto, 8 persons were enrolled as life members in the Society, which is evident from the fact that each one of them had deposited with the Society a sum of Rs.1000/-, as subscription fee for the life membership prescribed in Clause 5 of the bye-laws. The so enrolled eight members are-(1) Sanjay Kumar Singh (Petitioner), (2) Sheela Singh, (3) Neeraj Singh, (4) Dharmendra Sharma, (5) Kushal Kumar Singh, (6) Dharmendra Singh, (7) Lata Singh and (8) Indu Singh. They all became life members of the Society from 10.11.2020, the date on which they deposited the said subscription fee with the then Manager of the Society. The petitioner nos.2 to 8 and Smt. Lata Singh, respondent no.4 are those eight (8) memb