Neutral Citation No. - 2025:AHC:23483 Court No. - 32 Case :- WRIT - C No. - 484 of 2016 Petitioner :- C/M Janta Harijan Primary Pathshala And Another Respondent :- Assistant Registrar Firms Societies And Chits And 3 Others Counsel for Petitioner :- Indra Raj Singh,Kamal Kumar Singh Counsel for Respondent :- Atul Kumar Srivastava,C.S.C.,Satya Prakash Mishra Hon'ble Saral Srivastava,J. 1. Heard Sri Indra Raj Singh, learned counsel for the petitioner and Satya Prakash Mishra, learned counsel for the respondents. 2. The petitioner by means of the present writ petition has assailed the order dated 10.12.2015 passed by the respondent no.1- Assistant Registrar, Firms, Societies & Chits, Azamgarh Region, Azamgarh. 3. The sole contention advanced by the learned counsel for the petitioner is that Assistant Registrar had no jurisdiction to annul the elections of the Society namely, Janta Harijan Primary Pathshala, Ganguabari, Sohilpur, Zila Mau which had taken place since 1994 inasmuch as the elections held after 1994 were not the issue before the Assistant Registrar, therefore, the impugned order cannot be sustained in law. He further submits that on the aforesaid ground, this Court passed detailed interim order on 08.01.2016. 4. Sri Satya Prakash Mishra, learned counsel for the respondents does not dispute the aforesaid proposition of law. However, he submits that since as per the own case of the petitioner, the last election of the Committee of Management of the Society was held in the year 2014, and there is nothing on record to show that subsequent thereto any election was conducted by the petitioner's Committee of Management. In such view of the fact, it is desirable that a direction be issued to the Assistant Registrar to hold fresh election under Section 25(2) of the Societies Registration Act, 1860. 5. In view of the aforesaid submission of learned counsel for the respondents, the impugned order cannot be sustained in law and is accordingly, set aside since it is without jurisdiction. 6. However, considering the fact that election of Committee of Management of the Society had taken place in the year 2014, and the term of the Committee of Management of the Society was five years which has expired, in such view of the fact, there is nothing on record which could indicate that any fresh election of the Committee of Management of the Society has taken place. 7. Accordingly, respondent no.1-Assistant Registrar, Firms, Societies & Chits, Azamgarh Region, Azamgarh is directed to exercise the power under Section 25(2) of the Societies Registration Act, 1860 and hold fresh election of the Committee of Management of the Society within a period of two months from the date of production of certified copy of this order strictly in accordance with law and by-laws of the Society. 8. For the reasons given above, the writ petition is allowed with no order as to costs. Order Date :- 18.2.2025 Sattyarth Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad