HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8974 of 2025 Court No. - 6 HON'BLE PANKAJ BHATIA, J. 1. The supplementary affidavit filed today in the Court is taken on record. 2. The instructions produced by learned Standing Counsel in the Court are also taken on record. 3. Heard learned counsel for the petitioner and learned Standing Counsel. 4. The present petition has been filed by the petitioner challenging the order dated 23.07.2025, wherein it has been recorded that directions were given to the Committee of Management for holding the elections by communication dated 05.04.2025. However, no such elections have been conducted and thus, an occasion has arisen for single operation of the accounts. Further directions were given for conducting the elections within a period of two weeks. 5. In the light of the said order, the contention of learned for the petitioner is that the elections were conducted and were duly informed on 05.04.2025 (Annexure No.5) and despite the elections already being held, the order impugned has been passed, which is incorrect on the basis of the facts recorded therein. 6. Learned Standing Counsel has produced the instructions in terms of the Versus Counsel for Petitioner(s) : Anadi Chitranshi Counsel for Respondent(s) : C.S.C. Ashutosh Uchchatar Madhyamik Vidyalay Thru. Manager,Devdhari Verma And Another .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy./ Prin. Secy. Secondary Edu. Lko And 2 Others .....Respondent(s) order passed by this Court, wherein it is stated that the petitioner had earlier approached this Court by filing Writ-C No.1677 of 2025, which was disposed of on 20th February, 2025. Para No.11 of the said order is quoted herein-below: "11. So far as the cancellation/de-registration of General body list of the Societies is concerned, the same having been found to be without jurisdiction in terms of power exercisable under Section 12D of the Act, the said portion is hereby quashed by issuance of a writ in the nature of Certiorari leaving it open to authority concerned to pass appropriate orders in terms of exercise of power under Section 4-B of the Act 1860." 7. In view of the observations made in para No.11, a view has been formed that no order has been passed accepting the list of members under Section 4-B of the Societies Registrations Act, 1860 and thus, a further view was formed that the election was not possible. It is stated that as the three years period of earlier committee had expired on 23.04.2025, the order impugned was passed. 8. The said instructions and the reasoning recorded in the instructions for passing the impugned order are wholly erroneous as appears from the record that an election was conducted on 05.04.2025 and duly informed to the respondent, it was not open to the respondent to comment on the election based upon the observations made in para No.11 of the order dated 20.02.2025 passed by this Court. The DIOS was required to pass orders taking into consideration the elections, which are said to have been held on 05.04.2025, which has not even been considered in the order impugned. Thus, on the said sole ground, the order impugned dated 23.07.2025 is quashed. 9. The matter is remanded to the DIOS to pass fresh orders on the request of the petitioner for verifying the signatures based upon the elections conducted by them on 05.04.2025. While passing the said order, the respondent would also not take into consideration a direction given on 10.01.2024 to the effect that in case the Managers are being re-elected, there is no need for verifying the signature also. The fresh order shall be passed within a period of two weeks from today. WRIC No. 8974 of 2025 2 10. The writ petition is allowed. September 18, 2025 Ashutosh WRIC No. 8974 of 2025 3 (Pankaj Bhatia,J.) Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench