The Assistant Registrar lacks the authority to declare election results or cancel prior elections as per the Societies Registration Act; only the Prescribed Authority has such jurisdiction.

JUDGMENT :

KSHITIJ SHAILENDRA, J.

1. Heard Shri Anil Tiwari, learned Senior Advocate assisted by Shri Uday Pratap Singh, Shri Anmol Bartaria and Ms. Adiba Khatoon Advocates appearing for the appellant, Shri A.K. Goyal, learned Additional Chief Standing Counsel alongwith Shri Jagdish Pathak, learned Standing Counsel appearing for respondents no. 1 to 3 and Shri Radha Kant Ojha alongwith Shri Prabhakar Awasthi, learned Senior Advocates assisted by Shri Anuj Srivastava and Shri Varad Nath Advocates appearing for the respondent no. 4.

THE CHALLENGE

2. The present intra-court appeal has been filed challenging the final order dated 15.11.2025, whereby the learned Single Judge has dismissed the Writ-C No. 9752 of 2025 which had been filed by the appellant questioning the order (election certificate) dated 28.03.2025 issued by the Assistant Registrar, Firms, Societies and Chits, Prayagraj, pursuant to an order dated 22.03.2025 passed by the Prescribed Authority/Sub-Divisional Magistrate, Sadar, Prayagraj on a reference earlier made to him.

3. The dispute is regarding Kayasth Pathshala, Prayagraj, a Society registered under the Societies Registration Act, 1860 (‘the Act’). The appellant and the respondent no. 4 (in short ‘the respondent’) contested the election for the post of President of the Society. Elections were held on 25.12.2023, counting of votes was done on 26.12.2023 and the appellant, having received highest number of votes, was declared elected President on 26.12.2023, consequent whereupon a certificate of his election was issued to him by the Returning Officer.

Reference before the Prescribed Authority

4. The respondent approached the Assistant Registrar questioning the election of the appellant. The Assistant Registrar, by order dated 06.04.2024, referred the matter to the Prescribed Authority who, by his order dated 22.03.2025, directed the Assistant Registrar to conduct recounting of votes and declare the result. In pursuance of the said order, the Assistant Registrar, after getting the recounting of votes done, issued an election certificate dated 28.03.2025 declaring the respondent as President of the Society and also cancelled the election certificate dated 25.12.2023 earlier issued by the Returning Officer in favour of the appellant.

Statutory Appeal before the Commissioner

5. Against the order dated 22.03.2025 passed by the Prescribed Authority, the appellant has filed an appeal under the proviso (d) of Section 25(1) of the Act before the Commissioner, Prayagraj, which appeal is still pending.

PROCEEDINGS BEFORE THIS COURT AT INTERIM STAGE

6. Assailing validity of the certificate dated 28.03.2025 issued by the Assistant Registrar, the writ petition giving rise to the present appeal was filed and interim relief was claimed requesting the Court to stay effect and operation of the order dated 28.03.2025 and to restrain respondent no. 4, i.e. the elected President, not to interfere in the functioning of the appellant as President of the Society during the pendency of the writ petition.

7. The writ court, by an order dated 25.04.2025, refused to grant interim relief to the appellant. Challenging the said order, the appellant filed Special Appeal No. 388 of 2025, which was dismissed by order dated 21.05.2025. The said order was carried to Hon’ble Supreme Court in the form of S.L.P. No. 16985 of 2025, however, the same was also di