1. Heard Sri Mayank Sinha, learned counsel for the petitioners, learned Standing Counsel for respondent no. 1 and Sri Laxmi Sewak, learned counsel for respondent no. 2.
2. The Deputy Registrar, Firms Societies & Chits, Lucknow is present in person in the court. I have also heard him.
3. On 04-11-2019, the Deputy Registrar passed an order declaring the list of members as well as declaring the election programme. The petitioners approached this court by way of filing Writ Petition No. 31752(M/S) of 2019 and this court on 19-11-2019 passed the following order in the said writ petition :-
"1. Heard learned counsels for parties.
2. Sole submission of counsel for petitioner is that petitioner is not objecting to holding of the elections, however, his grievance would be sufficiently met in case he is permitted to make a representation giving all the details of the persons whose names have been deleted from the list of the members of the general body and deputy registrar may decide the same after giving opportunity of hearing to all, including respondent no.2.
3. Learned counsel for opposite party no.1 submits that such representation may impact the election proceedings.
4. Counsel for petitioner further submits that he is not asking for interference with the holding of the elections.
5. In view thereof, it is provided that the elections as scheduled by the impugned order shall be held. However, petitioner is permitted to file a detailed representation annexing therewith documents with regard to proof of membership of the persons whose names have been deleted from the list of members of the general body. Such a representation may be made within a period of two weeks from today.
6. In case such a representation is moved, the Deputy Registrar shall consider and decide the same in accordance with law, by a reasoned and speaking order, after giving opportunity of hearing to all the parties concerned, including respondent no.2 or the newly elected members of general body, if any, within a period of two months from the date a certified copy of this order is placed before him.
7. With the aforesaid, present writ petition is disposed of."
5. At that stage, learned counsel for the petitioners admitted that the petitioners are not objecting for holding the election, but, only grievance is with regard to the representation of the petitioners to be considered by the Deputy Registrar with regard to their membership. This court permitted the petitioners to make a representation within a period of two weeks and the same was to be decided by the Deputy Registrar within a period of two months thereafter. It appears that the Deputy Registrar has passed an order on 26-11-2019 issuing a fresh election programme. The list of members given in the order dated 26-11-2019 is the same as was earlier given in the order dated 04-11-2019 issued by the Deputy Registrar. The said change in schedule was made because the earlier Deputy Registrar was transferred on 07-11-2019. Now, by order dated 26-11-2019, by which fresh election programme is announced, is challenged in the present writ petition.
6. Learned counsel for the petitioners submits that a new election programme has been issued, therefore, he has filed the present writ petition.
7. Learned counsel for the petitioners has relied upon a case reported in 2016(6) ALJ 238::(2016)9 ADJ 679(All), Shri Adarsh Sanskrit Vidyalaya & Ors Vs. C/M, Adarsh Sanskrit Vidyalaya, Ambedkar Nagar & Ors. On the basis of same, he submits that once objections were permitted to be decided by the Deputy Registrar, elections should not be held.
8. I do not find force in submission of learned counsel for the petitioners. After hearing, where he agreed that elections should be held despite his objections with regard to membership, this court passed an order on 19-11-2019. He cannot now raise a dispute with regard to correctness of the said order dated 19-11-2019 in the second writ petition. Thus, the judgment relied upon by him, in this peculiar circumstance, is of no help to him merely because earlier Deputy Registrar/Election Officer was transferred resulting in short postponement of the elections, would not give any new rights to the petitioners. Thus, the writ petition has no force and the same is dismissed.
9. The Deputy Registrar shall conduct the elections as per the schedule declared by order dated 26-11-2019. He shall also decide the objections of the petitioners as provided by order dated 19-11-2019.
Order Date :- 18.12.2019 AKS (Vivek Chaudhary,J.)