IMPORTANT POINT
The principles of natural justice must be adhered to in administrative decisions, particularly when such decisions have civil consequences, ensuring that all affected parties are given a fair opportunity to present their case.

JUDGMENT :

SHREE PRAKASH SINGH, J.

1. Heard Sri Dileep Kumar Mishra, learned counsel for the petitioners, Sri Shailendra Kumar Singh, learned Chief Standing Counsel and Sri Piyush Kumar, learned Standing Counsel for the State, Sri Suresh Chandra Tiwari, learned counsel for opposite party no. 4 and perused the material placed on record.

2. By means of the present petition, the petitioner has assailed the order dated 12th December 2023 passed by the Deputy Registrar, Firms, Society and Chits, Lucknow Region Lucknow. Further, a writ in the nature of mandamus is also sought for commanding the respondent to accept the original papers of the petitioner's Committee of Management, for renewal of the registration certificate of the society.

3. Factual matrix of the case is that Sri Ram Dularey Lal Yadav, Higher Secondary School Society (hereinafter referred to as 'society') was got registered in the year 1966. The society has its own by-laws for functioning and managing the affairs of the society, as such the rules and regulation of the Society Registration Act, 1860 (hereinafter referred as 'Act, 1860') are fully applicable on the petitioner's society. As per the by-laws of the society, the term of Committee of Management is three years and it is said that the election of the Committee of Management is regularly held and the list of office bearers of the society including the list of member of the general body was also sent time to time by the Manager of the society.

4. The election of Committee of Management were held in year 2006, 2009 and 2010 and the requisite records/documents were also sent before the Deputy Registrar, in accordance with the provision of Section 4 of the Act, 1860.

5. It is said that in the election held on 20th December 2009, late Laxman Singh Yadav was elected as President of Committee of Management and Bahadur Singh Chandel was the Manager. On, 30 March 2010, Laxman Singh Yadav died, thereafter, Committee of Management, wrote resolution dated 11th May 2010 and proposed the election of President, wherein, Veer Singh Chandel was proposed to be the President and when Raj Bahadur Singh, the then Manager of Committee of Management died on 23rd October 2012, on 16th December 2022, the petitioner no. 2, namely, Veer Singh Chandel was elected as Manager and all the proceedings were submitted, consequently, on 27th December 2022. The petitioner applied for renewal of the registration of society which was renewed on 27th December 2012, whereafter, on 10th January 2013, opposite party no. 4, who was never inducted as a member, made false complaint before opposite party no. 2, with a prayer to deputy registrar, not to proceed on the election proceeding of the petitioners' society held on 20th December 2009 and to cancel the list of office bearers of Committee of Management of year 2012-13, the Deputy Registrar stayed the implementation of the election of Committee of Management.

6. Being aggrieved with the order dated 11th January 2023, petitioner filed writ petition no. 507 (MS) of 2013 before this Hon'ble Court and vide order dated 24th January 2013, the operation of the order dated 11th January 2013 passed by the Deputy Registrar, Firms, Society and Chits, Lucknow Region Lucknow was stayed. Whereafter, the term of the Committee of Management completed and the new election held on 10th October 2015, as per the procedure prescribed in the by-laws. Thereafter, the petitioner submitted the application on 19th March 2017 for renewal of the registration certificate before the Deputy Registrar, which was prepared on 5th July 2016. It is also submitted that the original copy of the renewal certificate is with the petition no. 2.

7. Election of the Committee of Management was consecutively held after completion of three years of the tenure i.e., on 10 October 2018, and all the papers were sent to the office of the Deputy Registrar and when on 24th October 2019, the petitioner submitted all the proceeding before the Deputy Registrar fo