JUDGMENT Rakesh Tiwari, J.
1. This writ petition has been filed challenging the validity and correctness of impugned order dated 3.6.2002 passed by the Assistant Registrar, Firms, Societies and Chit Funds, U.P. Varanasi -respondent No. 1 whereby he has finalized the list of members and has also fixed election schedule.
2. It appears that earlier also, writ petition No. 33702 of 1996-Committee of Management of Baba Ram Krishna Junior High School, Marufpur, District Varanasi v. Assistant Registrar, Firms, Societies and Chit Funds, U.P. Varanasi and Ors. was filed before this court wherein vide its judgment and order dated 9.1.2002, this court directed the Assistant Registrar, Firms, Societies and Chit Funds, U.P. Varanasi to convene a meeting of the General Body of the Society in accordance with the Bye Laws and conduct election either by himself or through any officer appointed by him in exercise of delegated powers. The operative portion of the order runs as under :-
"In view of the aforesaid term of the society and committee of management both have expired during the pendency of the writ petition hence the writ petition has become in fructuous. Since the election of the society could not be held in the circumstances stated above it is now the Registrar in the contemplated powers under Section 25 Sub-sections (2) and (3) shall call the meeting of the General Body of the society in accordance with Bye-Laws of the Society.
In this view of the matter, the writ petition is dismissed as having become infrcutous by efflus of time. Interim order, if any, stands vacated. The Registrar/Assistant Registrar, Firms, Societies and Chit Funds, U.P. Varanasi is directed to convene the meeting of the general body of the society in accordance with the bye-laws and conduct the elections either by himself or through any officer in exercise of delegated powers.
Needless to say that as Sub-section (3) says that no other persons has a right to hold a meeting for the purpose of election by any other authority or by any person claiming to be an office bearer of the society.
With the aforesaid observations, the petition is dismissed.
Dt. 9.1.2002 Sd/ Anjani Kumar, J"
3. Pursuant to the judgment dated 9.1.2002, the Assistant Registrar, Firms, Societies and Chit Funds, U.P. Varanasi finalized the list of the members and the election schedule. The petitioner also participated in the election but the results have not been declared owing to interim order of this court dated 16.7.2002.
4. In the present writ petition, a preliminary objection has been raised by the respondents regarding maintainability of the writ petition on the basis of Division Bench decisions of this Court in Basant Prasad Srivastava and Ors. v. State of U.P. and Ors.- 1993 (2) U.P.L.B.E.C-1333 and Hrudava Narain Rai v. Deputy Director of Education - 1993 A.W.C(2)-184 wherein it has been held that the writ petition is not maintainable after election process has started. On the basis of aforesaid two Division Bench decisions, counsel for the respondents contended that the instant petition is not maintainable and is liable to be dismissed on this ground alone. He urged that the Assistant Registrar, Firms, Societies and Chit Funds, U.P. Varanasi be directed to declare the result of the election, which was held on 21.2.2002.
5. On the other hand, counsel for the petitioner states that the writ petition is maintainable and impugned order dated 3.6.2002 is liable to be quashed in so far as members from serial No. 35 to 66 whose names are contained in the list of members enclosed with Annexure 17 to the writ petition are concerned. He submits that the members figuring from serial nos. 35 to 66 in the aforesaid list were declared to be farji by the judgment of the Prescribed Authority dated 29.8.1996 and writ petition No. 33702 of 1996 against the aforesaid judgment was dismissed on 9.1.2002. As such, the judgment of the Prescribed Authority has become final. He further submits that by the impugned order, the members who have been declared farji have been included in the list of new members and they cannot be allowed to vote. He also submits that the impugned order dated 3.6.2002 is based on forged and fictitious statement of respondent No. 3. The impugned order has been passed with mala fide intention which is apparent from the fact that the respondent No. 4 has not filed any counter affidavit despite service. The impugned order was passed on the last day of posting. According to learned counsel for the petitioner, the impugned order has been passed on the basis of Clause 21 of the Bye Laws, which is not at all applicable. In fact, Clauses 4(Sa) and 4(Da) are applicable. Relying upon the decision in Manoj Dubey v. Election Commission of India and Ors.- A.I.R. 2002 Allahabad-167, he contended that the petitioners are not attempting to stall the election and they have come forward with a view to ensure that genuine voters are not deprived of their valuable rights. Relying upon paragraphs 23 and 24 of the aforesaid judgment, he submits that for these reasons, the writ petition is perfectly maintainable.
6. In the cases cited by counsel for both the parties, election had been held and election process had been completed. In the instant case, though election process has started, but it has not been completed as result has not been declared. It is settled law that once election is notified, court should not interfere in the election process. Result of the election has been stayed by this court as a result whereof, duly elected members are unable to take,. charge of their office. Since election process has not been completed, the writ petition is not maintainable.
7. For the reasons stated above, the writ petition fails and is dismissed. Interim order dated 16.7.2002 is vacated. The petitioner may challenge the result of the election after its declaration in civil suit' or any other proceeding. No order as to costs.