Neutral Citation No. - 2025:AHC:45569 Court No. - 32 Case :- WRIT - C No. - 9530 of 2025 Petitioner :- The Committee Of Management, Shree Chhatriya Swardkar Sabha And Another Respondent :- The State Of U.P. And 3 Others Counsel for Petitioner :- Ashish Kumar Ojha,Diwakar Tripathi Counsel for Respondent :- Astitva Srivastava,C.S.C.,Pankaj Kumar Srivastava Hon'ble Saral Srivastava,J. 1. Heard learned counsel for the petitioner and learned counsel for the respondents. 2. The petitioner by means of the present writ petition has assailed the order dated 27.09.2024 passed by the respondent no.2-Sub Divisional Magistrate (Judicial)/Prescribed Authority Bharthana, District Etawah. 3. Challenging the said order, learned counsel for the petitioner has contended that the impugned order passed by the Prescribed Authority is without application of mind and bereft of reason, inasmuch as the Prescribed Authority has failed to record any finding as to whether the election of the respondents has been held by an authorized person, and further the election has been held in accordance with valid electoral roll and in accordance with the bye-laws. In such view of the fact, the impugned order cannot be sustained in law. 4. Per contra, learned counsel for the respondents though tried to demonstrate that the election of the respondents was held in accordance with law and there is no illegality, but could not demonstrate despite his best efforts that the finding on the aforesaid issue has been recorded by the Prescribed Authority. Consequently, he submits that the matter may be remitted to the Prescribed Authority to decide the dispute afresh within a time bound period. 5. Accordingly, in view of the submissions made by learned counsel for the respondents, the impugned order dated 27.09.2024 passed by the respondent no.2-Sub Divisional Magistrate (Judicial)/Prescribed Authority Bharthana, District Etawah is hereby set aside, and the matter is remitted to the Prescribed Authority. The Prescribed Authority is directed to decide the Case No.4504 of 2019 (Computerized Case No.T201903220504504) afresh in accordance with law within a period of two months from the date of production of a certified copy of this order after giving due notice and opportunity of hearing to all the concerned parties. 6. Accordingly, the writ petition is allowed subject to the observations made above Order Date :- 2.4.2025 NS Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad