Neutral Citation No. - 2025:AHC:93739-DB Chief Justice's Court Case :- SPECIAL APPEAL No. - 218 of 2025 Appellant :- Anil Kumar Gupta Respondent :- State of U.P. and 3 others Counsel for Appellant :- Ajay Mishra, Shri Krishna Mishra Counsel for Respondent :- Ankit Gaur, S.C., Satish Chaturvedi, Shri Kant Kesarwani, Sumit Kesarwani, Swapnil Kumar, Pankaj Srivastava Hon'ble Arun Bhansali,Chief Justice Hon'ble Kshitij Shailendra,J. 1. This appeal is directed against order dated 19.02.2025 passed by the learned Single Judge in Writ-C No. 7294 of 2022, wherein the writ petition filed by the respondent No. 3 (herein) aggrieved of the order dated 09.03.2022, has been disposed of. 2. When the writ petition came up before the Court for hearing, objections were raised that in the counter affidavit sworn by the appellant, the appellant, as deponent, has been identified by the counsel as female and, therefore, the affidavit is defective. 3. Learned Single Judge rejected the affidavit as defective and as interim order was granted in the petition regarding holding of the elections, it was directed that if the elections of the Committee of Management have been held during the pendency of the writ petition, the result may be declared and in case, the same have not been held, the Assistant Registrar was directed to conduct the elections. 4. Learned counsel for the appellant made submissions that the petition could not have been decided by rejecting the affidavit filed on behalf of the appellant as defective and as the interim order is always subject to final outcome of the petition, based on the interim order granted, the order impugned could not be passed. 5. Counsel for the respondents by way of filing affidavit indicated that pursuant to the interim order granted by the learned Single Judge, the elections have been held, result declared and the Committee of Management has been registered under the provisions of Section 4 of the Societies Registration Act, 1860 and, therefore, the appeal otherwise has been rendered infructuous. 6. We have considered the submissions made by learned counsel for the parties and have perused the material available on record. 7. Merely because in swearing of affidavit, counsel has mistakenly/due to typing mistake identified the deponent as female, though the affidavit was defective, the same cannot form the sole basis for rejecting the counter affidavit. The Court could have called for a fresh affidavit in case wrong identification had any implication on the merit of the case. Further, the fact that interim order was passed in the writ petition, making the same as final, cannot also be a basis as interim orders are always subject to the final outcome of the pending matter. 8. In view thereof, the order impugned dated 19.02.2025 passed by the learned Single Judge cannot be sustained. 9. The appeal is allowed. The order dated 19.02.2025 passed in Writ-C No. 7294 of 2022 is set aside. 10. The matter is remanded back to the learned Single Judge for re-hearing. 11. The fact that the elections have taken place and the Committee of Management has been registered, by itself, would not form the basis for decision of the writ petition. The matter be listed before learned Single Judge on 28.07.2025. 12. Status quo in accordance with law would continue during the pendency of the writ petition. Order Date :- 30.5.2025 AKShukla/nd (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad