KISAN NATIONAL EDUCATION TRUST, PRATAPGANJ, JAUNPUR Vs. ASSISTANT REGISTRAR, FIRMS, SOCIETIES AND CHITS, JAUNPUR

JUDGEMENT

(1.) This writ petition questions the legality of the order dated 20th January, 2011 passed by the respondent no. 1 the Assistant Registrar, Firms, Societies and Chits, Varanasi finalising the electoral college list of members entitled to participate in the elections that were scheduled to be held under the orders of the Assistant Registrar dated 13.10.2010 for electing the office bearers of Kisan National Education Trust, Pratapganj, Jaunpur. It is undisputed between the parties that the elections had to be held by the Assistant Registrar as the earlier term of the office bearers had expired, and no elections had been held, as such it was obligatory on the part of the authority to hold elections under Sub Section (2) of Section 25 of the Societies Registration Act, 1860.

(2.) In order to proceed to hold the elections of the aforesaid society it was necessary to determine the electoral college for which the petitioners and the contesting respondent no. 3 were invited to submit the list of the members and also the evidence in support thereof. The impugned order rejects the membership list as submitted by the petitioners as also by the respondent no. 3 Anil Kumar Upadhyay (since deceased and now represented by Badri Prasad Mishra) and it directs to hold the elections on the basis of 51 life members who were enrolled and were existing at the time of the death of the undisputed Manager, Sri Bateshwar Nath Upadhyay.

(3.) The dispute has a chequered history and as such it is necessary to narrate the background in which the present dispute has arisen. This Court had entertained the writ petition and allowed the Assistant Registrar to proceed to hold the elections but the declaration of results was stayed vide order dated 14.2.2011. The matter had been heard earlier and the judgment was reserved but before the delivery of judgment, the matter was again listed for further hearing, and accordingly the matter has been heard on 23.3.2012 finally. Sri Gajendra Pratap, learned Senior Counsel has appeared on behalf of the petitioners and Sri R.K. Ojha has raised his submissions for the respondent no. 3 and the learned Standing Counsel for the respondent no. 1 and 2.