Sri Ram Janam Singh, Advocate files vakalatnama on behalf of respondent nos. 3 to 9 is taken on record.
Heard learned counsel for the petitioners and Sri Ram Janam Singh, Advocate on behalf of respondent nos. 3 to 9 and learned Standing counsel for respondent nos. 1 and 2.
The present writ petition has been filed for quashing the impugned order dated 4.11.2019 passed by the Prescribed Authority/ Sub Divisional Magistrate respondent no.1 in Case No. 3/5/10/2010-11 Computerized No. 2011155101275 whereby the election held by the petitioners' Society dated 15.4.2011 and 28.3.2014 was declared illegal and the direction was issued as per the order of this Court dated 4.8.2016 passed in Special Appeal (Defective) No. 485 of 2016 to prepare the list of the valid members and hold the election of the Committee of Management.
It is contended by learned counsel for the petitioner that the impugned order is totally illegal as he has not considered the fact that the Committee of Management had already hold the election on 18.3.2017 and the term of the said Committee will expire on 15.3.2020 and as such there is no justification for quashing the earlier election dated 15.4.2011 and 28.3.2014 as the matter rendered infructuous.
On the other hand, learned counsel for the respondents supported the findings so recorded by the prescribed authority.
I have considered by the raised by the parties and perused the record.
The findings has been recorded by the prescribed authority, the election dated 15.4.2011 was held as per the list of Members prepared in 1999 at that time there were 22 members out of which seven Members were dead and six Members were absent and the election was held amongst nine remaining Members. As per the Clause 21 of the byelaws of the Society, 2/3rd Members should be present to hold the election, the election held on 15.4.2011 is contrary to the Clause 21 of the byelaws of the Society and subsequent election held by the said Committee on 28.3.2014 is also illegal as the Society has no right to hold the election, whose election is already contrary to the Clause 21 of the byelaws.
So far as the election held by the petitioners' Society on 18.3.2017 is concerned that since the earlier election held by the petitioners' Committee of Management on 15.4.2011 and 28.3.2014 had already declared illegal by the prescribed authority and therefore, the petitioners' Society have no right to hold any election even the election has not been approved by the concerned Assistant Registrar, Societies, Firms and Chits.
In these circumstances, the subsequent election held in 2017 cannot be said to be a valid election. I do not find any illegality or infirmity in the impugned order in which the direction was issued to the Assistant Registrar, Azamgarh Division, Azamgarh to hold the election after preparing the valid list of the Members.
The writ petition lacks merit and is accordingly dismissed.
Order Date :- 18.12.2019 Akbar