SUSHIL KUMAR SINHA Vs. STATE OF U.P.

JUDGEMENT

(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.

(2.) The present intra-court appeal has been filed challenging the final order dtd. 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) dtd. 28/3/2025 issued by the Assistant Registrar, Firms, Societies and Chits, Prayagraj, pursuant to an order dtd. 22/3/2025 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