Neutral Citation No. - 2025:AHC-LKO:11958 Court No. - 19 Case :- WRIT - C No. - 20088 of 2021 Petitioner :- Sri Leela Ashram Samiti Thru. President Satish Kumar Singh Respondent :- State Of U.P.Thru.Prin.Secy.Firm Societies And Chits Lko.Andors. Counsel for Petitioner :- I.M. Pandey Ist,Arun Kumar Pandey Counsel for Respondent :- C.S.C.,Suresh Chandra Srivastava,Vijay Vikram Hon'ble Manish Mathur,J. 1. Heard Mr. I.M. Pandey Ist, learned counsel for petitioner, learned State Counsel for opposite parties 1 to 3 and Mr. Suresh Chandra Srivastava, learned counsel for opposite party no.4. 2. Petition has been filed challenging order dated 15.03.2021 passed by Deputy Registrar under Section 25(1) of Registration of Societies Act, 1860 (hereinafter referred to as the Act of 1860) whereby election held on 28.07.2007 electing opposite party no.4 as President of the Society has been upheld while rejecting the election held on 19.07.2007 wherein petitioner was elected President. Further prayer for a direction to concerned authority to reconsider election dated 19.07.2007 has also been sought. 3. Learned counsel for petitioner submits on the basis of instructions that even assuming, though not admitted, that election dated 28.07.2007 in which opposite party no.4 was elected President, was valid, as per provisions of bylaws applicable upon Society, the term of the Governing Body/Committee of Management being only five years, has already expired. It is therefore submitted that since admittedly, no election took place after the elections held in July, 2007, a direction is required to be made to the concerned authority for fresh elections in terms of Section 25(2) of the Act of 1860. 4. It is submitted that during the course of proceedings before the Deputy Registrar, such an objection had been raised by petitioner but was ignored. 5. Learned counsel for opposite party no.4 on the basis of Supplementary counter affidavit dated 15.11.2022 submits that answering opposite party had continuously been President of the Society since its inception and has remained President till 28.07.2007. It is submitted that petitioner was only Auditor of the Society and has never been elected President thereof. It is submitted that elections proceedings dated 19.07.2007 were held in which petitioner was elected President of the Society with answering opposite party no.4 being declared elected President of the same Society on 28.07.2007. It is submitted that as per bylaws of the Society, the term of Governing Body/Committee of Management is five years. It is also submitted that since registration of the Society was expiring, the petitioner submitted an Application on 06.07.2021 for conducting fresh election in accordance with law. It is also submitted that a Suit bearing no.4728 of 2015 (Satish Singh v. Om Prakash and others) was also subjudice during which term of Committee of Management also expired and the answering opposite party thereafter filed an application for renewal of Society Registration, which has been allowed by means of order dated 06.07.2021 for a period of five years. 6. Learned counsel for the parties on the basis of instructions therefore submits that no fresh election for Committee of Management of the Society has been held subsequent to year 2007 and that as per bylaws of the Society, the term of Committee of Management is only five years. 7. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it is thus evident that the term of five years applicable upon the Committee of Management of the Society even assuming both the elections to have taken place in July, 2007 have already expired. 8. In view thereof, opposite party no.2 i.e. Deputy Registrar, Firm, Societies & Chits, Faizabad/Ayodhya is directed to act in accordance with provisions of Section 25(2) of the Act of 1860 and to firstly finalize the list of valid general body members after calling for objections and to proceed to hold elections for the Committee of Management of the Society being Sri Leela Ashram Samiti, Village Begamganj, Post Shivar, Tehsil Sadar, District Ayodhya expeditiously in accordance with law. For the said purposes, the Deputy Registrar shall not be guided by impugned order dated 15.03.2021 and shall act independently thereof. 9. In view of directions so issued, the aspect of validity of order dated 15.03.2021 having been rendered infructuous, is not being adjudicated upon. 10. With aforesaid directions, the petition stands finally disposed of. Order Date :- 27.2.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench