Neutral Citation No. - 2025:AHC:61670-DB IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.51) Court No. - 21 Case :- SPECIAL APPEAL No. - 328 of 2025 Appellant :- Suresh Yadav And 3 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Ajay Kumar Tiwari,Ram Bilas Prasad Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The present intra court appeal is directed against the order of learned Single Judge dated 19.03.2025 in Writ-C No. 6938 of 2025 (Suresh Yadav and 3 others vs. State of U.P. and another) whereby the writ petition has been dismissed and the order of the Assistant Registrar, Firms, Societies and Chits, Azamgarh Region, Azamgarh dated 18.01.2025 whereby power under Section 25(2) of the Societies Registration Ac, 1860 has been exercised for holding election of the Society and list of general body (electoral college) has been finalized, has been upheld. 2. The learned Single Judge has observed that in so far as the petitioners no.2 and 3 were concerned (appellants no.2 and 3 herein), they had no cause of action as their names duly finds place in the final list. In respect of petitioner no.4 (appellant no.4 herein), it has been observed that there was no material on record to show that he had filed any objection against the provisional list and therefore, there was no occasion for the Assistant Registrar to apply his mind as regards his membership. In respect of petitioner no.1 (appellant no.1 herein), the finding returned is that his objection has been duly considered by the Assistant Registrar and it has been observed that he did not produce any evidence regarding his induction as member of the General Body and consequently there was also no occasion on the part of the Assistant Registrar to return any finding on his membership. 3. Learned counsel for the appellants does not dispute that the name of appellants no.2 and 3 finds place in the final list and therefore, we find no illegality in the finding of learned Single Judge that they had no cause of action. In respect of appellants no. 1 and 4, learned counsel tried to submit that their names finds place in the list submitted by the Manager in the past, therefore, the same should have been examined by the Assistant Registrar. 4. The dispute relating to membership requires appreciation of evidence and is factual in nature. The finalization of the electoral college was done by the Assistant Registrar in exercise of summary power conferred upon him under the Societies Registration Act, 1860. In case the petitioners are disputing the same, it is always open to them to establish their membership in duly constituted proceedings before the civil court. 5. We find no such illegality in the order of the learned Single Judge which may warrant interference in the present appeal. 6. The appeal is accordingly, dismissed. Order Date :- 23.4.2025 Ashish Pd. (Anish Kumar Gupta,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad