IMPORTANT POINT
The Deputy Registrar must apply judicial reasoning when assessing conflicting claims of election within a society, ensuring valid elections are not undermined by unsubstantiated disputes.

JUDGMENT :

Jaspreet Singh, J.

1. The instant two petitions have been filed by Arya Pratinidhi Sabha, a society registered under the Societies Registration Act, 1860 (for short, "the Act of 1860") having its registered office at 5, Meerabai Marg, Lucknow. However, in both the petitions, the society is represented by different officer bearers inasmuch as in WRIT-C No.3418/2022, it is represented by its alleged President Shri Devendra Pal Verma, who is the petitioner No.2 whereas in WRIT-C No.14794/2021, it is represented through its Secretary namely Shri Bhuwan Tiwari, who is impleaded as petitioner No.2, therein.

2. There is an internal conflict relating to the management of the society and as such four set of factions have claimed rights on the basis of four separate alleged elections. One faction has set up their rights on the basis of an election said to have been held on 21.03.2021 wherein Shri Devendra Pal Verma is said to have been elected as a President, who has filed WRIT-C No.3418/2022. The second faction is led by Shri Bhuwan Tiwari, who has filed WRIT-C No.14794/2021 wherein he claims rights on the basis of his election allegedly held on 20.02.2021. The third faction is led by Shri Vivek Singh, who alleges that his election was held on 07.03.2021, though Shri Vivek Singh is not a party in WRIT-C No.14794/2021 but he is impleaded as respondent No.5 in WRIT-C No.3418/2022. The fourth faction is led by Shri Ram Ratan Chaturvedi, who claims rights on the basis of an alleged election dated 27.11.2021. Shri Chaturvedi has not been impleaded in WRIT-C No.14794/2021, but he is respondent No.6 in WRIT-C No.3418/2022.

3. Since, contesting parties are all represented in WRIT-C No.3418/2022 and it encompasses all the warring factions, hence, this Court for the sake of convenience shall consider and refer to the parties as they are impleaded in WRIT-C No.3418/2022. The issue involved in both the petitions is common, hence, by deciding the controversy in terms of WRIT-C No.3418/2022, it shall also dispose of WRIT-C No.14794/2021. Accordingly, both the petitions are being decided by this common judgment.

4. The faction led by Shri Devendra Pal Verma, the petitioner of WRIT-C No.3418/2022 is represented by Dr. L.P. Misra and Shri Atul Kumar Dwivedi, learned counsel. The faction of Bhuwan Tiwari is represented by Shri Ratnesh Chandra, who is the counsel for the petitioner in the connected WRIT-C No.14794/2021. The third faction led by Shri Vivek Singh, who is respondent No.5 and is represented by Shri Nadeem Murtaza, Advocate and the fourth faction led by Shri Ram Ratan Chaturvedi, who is respondent No.6, is represented by Shri Gaurav Mehtrotra, Advocate.

5. Under challenge in WRIT-C No.3418/2022 is the order passed by the respondent No.2 dated 23.04.2022 whereby the Deputy Registrar, Society, Chit and Fund, Lucknow Region has referred the matter to the Prescribed Authority in terms of Section 25(1) of the Act of 1860. While doing so, the Deputy Registrar noticed that four separate factions have set up their own separate elections and in terms of the legislative prescription, the Deputy Registrar is mandated to refer the matter to the Prescribed Authority who is the competent authority to decide the validity of the rival elections set up by the four separate factions.

6. In the connected WRIT-C No.14794/2021 which was filed prior in time to the WRIT-C No.3418/2022, a challenge has been made to the order impugned and said to have been passed by the Deputy Registrar registering the list of Members of Managing Committee of the Society in context with an election allegedly held on 26.03.2021 wherein Shri Devendra Pal Verma (who is the petitioner No.2 in WRIT-C No.3418/2022) was elected as the President and a further prayer has been made to register the names of the Committee Members of the faction led by Bhuwan Tiwari in pursuance of the election said to have been held on 20.02.2021.

7. This ongoing litigation between the warring factions has a