The court affirmed the validity of the Committee's elections under the Societies Registration Act, emphasizing adherence to bye-laws and authority established through prior judicial rulings.

JUDGMENT :

Saral Srivastava, J.

1. Heard Sri G.K. Singh, learned Senior Counsel assisted by Sri Ramesh Chandra Tiwari, learned counsel for the petitioner, and Sri R.K. Ojha, learned Senior Counsel assisted by Sri R.M. Vishwakarma, learned counsel for the respondents.

2. The petitioner through the present writ petition has assailed the order dated 08.02.2019 passed by the Prescribed Authority/Sub Divisional Magistrate, Madhiyahu, District Jaunpur, whereby he has held that the election of the petitioner's Committee of Management of the Society, namely, Ramdeo Sanskrit Mahavidyalaya Bareri, District Jaunpur is valid.

3. It appears that there was a long-standing dispute between the parties, and several litigations have been contested by the parties. Lastly, the dispute between the parties crystallized into the order dated 25.02.2009 passed by the Assistant Registrar, Firms, Societies and Chits, Varanasi. There was one more order dated 26.11.2010 passed by the Registrar, Firms, Societies and Chits, U.P. Lucknow accepting the application for renewal of the Society based on documents submitted by Hari Nath Dubey.

4. The order dated 25.02.2009 passed by the Assistant Registrar, Firms, Societies and Chits, Varanasi to the extent it had accepted the claim of Ram Chandra Pandey as Manager of the Committee of Management of the Society and rejecting the claim of the petitioner while maintaining the renewal of certificate of the petitioner’s Society was assailed in Civil Misc. Writ Petition No.23641 of 2009 by Hari Nath Dubey describing himself as Manager of the Committee of Management, Ram Deo Sanskrit Mahavidyalaya, Bareri, District Jaunpur.

5. The Civil Misc. Writ Petition No.72367 of 2010 was filed by one Ram Chandra Pandey for quashing the order dated 26.11.2010 passed by Registrar, Firms, Societies and Chits, U.P., Lucknow accepting the application for renewal of Society based on documents submitted by Hari Nath Dubey, who was petitioner in Civil Misc. Writ Petition No.23641 of 2009.

6. Both the writ petitions i.e., Civil Misc. Writ Petition Nos.23641 of 2009 & 72367 of 2010 were decided together by this Court by the judgement and order dated 03.05.2012 whereby this Court referred the matter to the Prescribed Authority to decide the dispute between the parties on the three issues framed by it in the judgement dated 03.05.2012. The three issues framed by the Court are reproduced below:-

“(i) Person or group of persons who convened the meeting, had the authority to convene the meeting and to hold the election;

(ii) Persons, who have participated in the election are the valid members in term of Section 15 of the Societies Registration Act and entitled to participate in the elections; (iii) Elections, which have been held, has been strictly held under the provisions as contained in bye laws of the society, preferably within next six months and the order dated 26.11.2010 shall abide by the outcome of the order passed by Prescribed Authority and the list submitted under Sub- Section (4) of Section 3 -A shall be amended/modified accordingly.”

7. The Court further directed that the order dated 26.11.2010 shall abide by the outcome of the order passed by the Prescribed Authority and the list submitted under sub- section (4) of Section 3 (A) of the Societies Registration Act shall be amended/modified accordingly.

8. It appears that earlier, there was a Society in the name of ‘Sri Ramdeo Dubey Sanskrit Pathshala, Bareri, Jaunpur registered in the year 1954 (hereinafter referred to as the ‘Old Society’). One Ram Deo Dubey was the lifelong President