MAHESH KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) By means of the present writ petition, the petitioners challenge the order passed by opposite-party No. 4 Commissioner, Lucknow Division, Lucknow.

(2.) IT has been stated by the petitioners that Sri Ram Bal Seva Mandir Shiksha Samiti is a Society registered under Societies Registration Act, 1960 and the term of the Society has expired and no elections were held and as such in exercise of the power under Section 25 (2) of the Societies Registration Act. The Deputy Registrar by means of order dated 8-12-2003 authorised SDM, Sadar Hardoi to hold the election of the Committee of Management of Institution. In pursuance of the order, the SDM initiated the process for holding elections and fixed 24-1-2004 as the date of election on which date the elections could not be held subsequently another date was fixed as 11-3-2005 for the elections. In the meantime, a complaint was received by the Sub- District Magistrate and he submitted a report to the Deputy Registrar. The Deputy Registrar after going through the report directed the SDM to hold election and by means of order dated 14- 10-2005, the SDM fixed 31-10-2005 as date of election which was stayed in compliance of the orders passed by opposite-party No. 4 dated 24-10-2005.

(3.) IN view of the above legal position, the order dated 24-10-2005 passed by the Commissioner is without jurisdiction and accordingly the same is quashed.