JUDGMENT :

1. Heard Shri H.N. Singh, learned Senior Counsel assisted by Shri Neeraj Sinha, learned counsel for the petitioners, Shri I.P. Srivastava, learned Additional Chief Standing Counsel for respondent nos.1 and 2 and Shri Radha Kant Ojha, learned Senior Counsel assisted by Shri Satyavrat Sahai and Shri Ram Kaushik for respondent no.3.

2. This Court passed following order on 21.11.2023 :-

“1. Shri R.K. Ojha, learned Senior Counsel appearing for the respondents has referred to certain orders passed by the Hon'ble Supreme Court and submits that in view thereof, this petition cannot be heard as the matter is engaging attention of Apex Court.

2. Shri H.N. Singh, learned Senior Counsel for the petitioners submits that he has not seen the said orders.

3. Put up this case tomorrow i.e. 22.11.2023 as fresh at 10:00 a.m.

4. In the meantime, Shri Ojha shall supply the copies of all the relevant orders to the learned counsel for the petitioners. ”

3. Shri H.N. Singh, learned Senior Counsel has elaborately explained the effect of the orders passed by Hon’ble Supreme Court by submitting that pendency of proceedings before the Apex Court or the said orders would not affect adjudication of the controversy involved in the present writ petition. In view of the above, it is necessary to refer the proceedings pending before the Hon’ble Supreme Court and the orders passed.

4. In 2016, one Shri T.P. Singh, a member of the Kayastha Pathshala Prayag, Allahabad, was expelled/removed from the membership. The matter reached before the Assistant Registrar, Firms, Societies and Chits, Teliyarganj, Prayagraj who passed an order dated 26.08.2017 observing that expulsion/removal of a member of the General Body was beyond the scope of adjudication by him under Section 4-B of the Societies Registration Act, 1860 (hereinafter referred to ‘the Act, 1860’). The said order was examined by the Division Bench of this Court which allowed Writ C No.58426 of 2017 [T.P. Singh (En. No.2473), Senior Advocate v. Registrar/Assistant Registrar, Firms Societies & Chits, Teliyarganj & Ors.] by order dated 10.10.2018 setting aside the order dated 26.08.2017 to the extent it was held by the Assistant Registrar that he had no jurisdiction to examine the objections raised by the petitioner (Shri T.P. Singh) and the Assistant Registrar was, accordingly, directed to examine the said objections with regard to Shri Singh’s removal from membership.

5. It is against the aforesaid judgement dated 10.10.2018 that Kayastha Pathshala, Prayag and Anr. filed Special Leave to Appeal (C) No.29541 of 2018 (Kayastha Pathshala, Prayag & Anr. v. T.P. Singh & Ors.) before the Hon’ble Supreme Court in which following order was passed on 13.11.2018:-

“Leave granted.

To be heard along with C.A. No.5420-21/2017.

Issue notice in the prayer for interim relief, returnable in two weeks.

Dasti, in addition, is permitted.”

6. Thereafter, another order was passed by the Supreme Court on 03.12.2018 in the following terms:-

“Having regard to the direction given in the impugned judgment we are of the opinion that Assistant Registrar may decide the dispute about the removal of respondent no.1 from membership of General Body of the Society as directed by the High Court. However, the decision taken by the Assistant Registrar in this behalf shall not be given effect and shall be produced before this Court in a sealed cover in terms of the direction given by the High Court.

List after four weeks.”

7. It is contended by Shri H.N. Singh that the matter pending before Hon’ble Supreme Court is only in relation to removal of Shri T.P. Singh from membership and has nothing to do with the present writ petition which has been filed by three petitioners claiming a relief that the elections of the Trust which are going to be held shortly, be held after examining the correctness of membership of existing and newly inducted members o