Hon'ble Manjive Shukla,J.

1. Heard Shri Gajendra Pratap, learned Senior Advocate assisted by Sri Jai Singh Parihar, learned counsel appearing for the petitioners, learned Standing Counsel appearing for Respondents No.1 and 2 as well as Sri Prabhakar Awasthi and Sri Manish Kumar Pandey, learned counsels appearing for Respondents No.3 and 4.

2. Petitioners through this writ petition have challenged the order dated 19.09.2023 passed by the Assistant Registrar, Firms, Societies & Chits, Jhansi Region, Jhansi, whereby he has declared election proceedings dated 30.10.2021 and election proceedings dated 10.6.2023 to be invalid. The Assistant Registrar vide order dated 19.09.2023 has also declared the Committee of Management of the society as time barred in exercise of powers under Section 25(2) of the Societies Registration Act, 1860 and further for elections of the Committee of Management of the society has proceeded to determine valid members of the society i.e. electoral college under Section 4(B) of the Act of 1860.

3. At the very outset Sri Prabhakar Awasthi, learned counsel appearing for Respondents No.3 and 4 has raised preliminary objection regarding maintainability of this writ petition on the ground that pursuant to the impugned order dated 19.9.2023, Assistant Registrar, after hearing all the concerned parties, has taken decision under Section 4(B) of the Societies Registration Act, 1860 in respect of the membership of the society on 05.04.2024. He has further raised objection that Petitioner No.1 i.e. Committee of Management Arya Kanya Pathshala Samiti, Shipri Bazaar, Jhansi is represented through Deputy Manager though under the bye- laws of the society, Deputy Manager is not authorised to file any writ petition on behalf of the Committee of Management of the society.

4. Facts of the case, in brief, are that Arya Kanya Pathshala Samiti, Shipri Bazaar, Jhansi is a society registered under the provisions of the Societies Registration Act, 1860. The elections of the Committee of Management of the society took place on 13.6.2018. Later on, two office bearers of the Committee of Management of the society i.e. Deputy Manager and Treasurer died and therefore, in casual vacancies, Petitioners No.2 and 3 were co-opted as Deputy Manager and Treasurer respectively vide resolution of the Committee of Management dated 30.10.2021. After passing of the resolution on 30.10.2021, the list of the office bearers of the Committee of Management of the society was registered for 2022-23. The term of the Committee of Management of the society, which as per bye-laws is five years, was over therefore, fresh elections took place in the meeting of the general body on 10.6.2023 and thereafter election proceedings were placed before the Assistant Registrar for recognition of the elections. The Assistant Registrar has passed the impugned order dated 19.09.2023 whereby elections dated 30.10.2021 and 10.06.2023 have been declared invalid and further in exercise of powers under Section 25(2) of the Act of 1860 Committee of Management of the society has been declared as time barred and process of fresh elections has been initiated.

5. Sri Gajendra Pratap, learned Senior Advocate appearing for petitioners has submitted that any dispute or doubt in respect of the elections of the Committee of Management of the society can be adjudicated only by the Prescribed Authority on a reference made under Section 25(1) of the Societies Registration Act, 1860 and Assistant Registrar does not have any jurisdiction to adjudicate over the validity of the elections of the Committee of Management of the society.

6. Learned Senior Advocate appearing for the petitioners has invited attention of this Court towards the last three paragraphs of the impugned order dated 19.9.2023 and has submitted that sole basis for declaring the elections of Petitioners No.2 and