Neutral Citation No. - 2025:AHC:49645 Court No. - 32 Case :- WRIT - C No. - 62073 of 2014 Petitioner :- The C/M Maharshi Kapil Muni Shiksha And Another Respondent :- State Of U.P. Thru Secry. And 3 Others Counsel for Petitioner :- Radha Kant Ojha,S.K. Tripathi,Vinod Kumar Mishra Counsel for Respondent :- Ajay Kumar,Amit Kumar Singh,Ashok Khare,Narendra Singh,Piyush Shukla,S.K. Srivastava,T.P. Singh,Vivek Varma Hon'ble Saral Srivastava,J. 1. Heard learned counsel for the petitioners, learned Standing Counsel for the State and learned counsel for the private- respondents. 2. The petitioner by means of present writ petition has prayed for following relief: "(a) A writ, order or direction in the nature of certiorari quashing the impugned order dated 07.11.2014 (Annexure-7 to the writ petition) passed by the respondent no.2." 3. One of the grounds of assailing the order is that the order impugned is without jurisdiction inasmuch as there is dispute with regard to office bearer of the Society, the Assistant Registrar has no jurisdiction to entertain the election dispute and he is bound to refer the matter to the Prescribed Authority under Section 25(1) of the Societies Registration Act, 1860. 4. Sri Amit Kumar Singh, learned counsel for the respondents states that he does not dispute the aforesaid proposition of law. He submits that considering the aforesaid submission of proposition of law, the matter needs to be referred to the Prescribed Authority/Sub-Divisional Magistrate, Mainpuri. 5. In view of submission advanced by learned counsel for the respondents inasmuch as he does not dispute the legal proposition raised by learned counsel for the petitioner, the impugned order cannot be sustained and is set aside and matter is referred to the Prescribed Authority/Sub-Divisional Magistrate, Mainpuri. 6. The respondent no.2-The Deputy Registrar, Firms, Societies Evam Chits, Agra Region, Agra is directed to remit the record of the case to the Prescribed Authority/Sub-Divisional Magistrate, Mainpuri within 15 days from the date of production of certified copy of the order. 7. The Prescribed Authority/Sub-Divisional Magistrate, Mainpuri is further directed to decide the claim of the parties within a period of three months from the date he receives the record of the case, after giving due notices and opportunity of hearing to all the parties in accordance with law. 8. The writ petition is disposed off subject to above observation. Order Date:-07.04.2025 Mohit Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad