RAM KALP YADAV Vs. STATE OF U P

JUDGEMENT

(1.) RAJIV Sharma, J. Heard Dr. L. P. Misra, learned counsel for the petitioners as well as Sri S. K. Mehrotra, counsel for the contesting respondents and learned standing counsel.

(2.) IN the instant writ petition, the petitioners have questioned the validity and correctness of the order dated 3. 7. 2008 passed by Deputy Registrar, Funds, Societies and Chits, Faizabad inter alia on the grounds that the order is without jurisdiction as Deputy Registrar has no power under law to review its own earlier order; the order has been passed on technicalities; and further has directed for holding an election under District Basic Shiksha Adhikari, Sultanpur, as Election Officer.

(3.) DR. L. P. Misra has submitted that last undisputed election was held on 9. 7. 1986 under the supervision of S. D. I, as Election Officer. In this election, 52 members participated, out of which, 45 were life members including the petitioners and 7 members were other than life members. On 15. 8. 1990, a list was prepared containing, 45 members, out of which, 42 were life members as three members had died. The said list was certified by Manager and Principal of the college. On 14. 10. 1984, a resolution was passed by the Committee of Management for not including new members in the general body of the society and 51 total members remained the members of general body of the society. In February, 1991, Raghunandan Singh opposite party No. 6 and six others were illegally included as members of the society. Petitioner No. 12-Virendra Pratap Singh filed a Writ Petition No. 43 of 1991 (M/s) before this Court against the illegal inclusion of members and this writ petition was disposed of with a direction for holding election.