Neutral Citation No. - 2025:AHC:16500 Court No. - 32 Case :- WRIT - C No. - 3338 of 2025 Petitioner :- Committee Of Management Eductional Extension Society District Kanpur Dehat And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sandeep Kumar Counsel for Respondent :- Adarsh Singh,C.S.C.,Indra Raj Singh Hon'ble Saral Srivastava,J. 1. Heard Sri Sandeep Kumar, counsel for the petitioners, learned Standing Counsel for the State-respondents and perused the records. 2. The petitioners by means of the present writ petition have assailed the order dated 09.12.2024 passed by the Deputy Registrar, Firms, Societies and Chits, Kanpur Region, Kanpur (respondent no.3), whereby he has referred the matter to the Sub- Divisional Magistrate, Tehsil Rasoolabad, District Kanpur Dehat. 3. Counsel for the petitioners contends that the impugned order is without application of mind, inasmuch as the Deputy Registrar while referring the matter has failed to record a finding that the dispute of the office bearers is bona fide and genuine dispute and, therefore, in absence of any such finding, the impugned order is not sustainable in law, and the Deputy Registrar has erred in law in referring the dispute. 4. He further submits that it is only the petitioners who have conducted the election of the Committee of Management of the Society and respondent no.4 (Shrawan Kumar Singh) has no right to conduct the election, therefore, the election set-up by respondent no.4 is frivolous. Accordingly, it is submitted that the Deputy Registrar has failed to consider that the election set-up by respondent no.4 is frivolous, and an ingenuine and non-bona fide dispute has been raised by respondent no.4, which cannot be referred under Section 25(1) of the Societies Registration Act, 1860 to the Prescribed Authority. To support his submissions, he has placed reliance upon a judgment of this Court in the case of Shailendra Singh and others Vs. State of U.P. and others, reported in (2017) 6 ADJ 602. He has also placed reliance upon a judgment of this Court in the case of C/M Chandrawati Shikshan Sansthan and 7 others passed in Special Appeal No.735 of 2023. 5. Be that as it may, it is always open to the petitioners to take objection before the Prescribed Authority that the reference is bad for the reason that the Deputy Registrar, Firms, Societies and Chits, Kanpur Region, Kanpur (respondent no.3) has failed to record any finding that the dispute is bona fide and genuine. So far as two judgments relied by the counsel for the petitioners are concerned, it is evident that those judgments have been referred in different factual position. None of the judgments as aforesaid quashes the reference order by this Court, therefore, the two judgments relied by the counsel for the petitioners are not applicable in the facts of the present case. Therefore, two judgments Shailendra Singh (supra) and C/M Chandrawati Shikshan Sansthan (supra) are of no help to the petitioners. 6. So far as the question as to whether it is only the petitioner who can conduct the election and respondent no.4 cannot is concerned, the same is a disputed question of fact which cannot be gone into by this Court, at this stage, in exercise of powers under Article 226 of the Constitution of India as the said question can be determined on the basis of evidence on record. 7. In such view of the fact, this Court is not inclined to interfere with the impugned order dated 09.12.2024 passed by the Deputy Registrar, Firms, Societies and Chits, Kanpur Region, Kanpur (respondent no.3). 8. Consequently, the writ petition lacks merits and is, accordingly, dismissed. Order Date :- 5.2.2025 CS/- Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad