Neutral Citation No. - 2025:AHC:80510 Court No. - 32 Case :- WRIT - C No. - 14582 of 2025 Petitioner :- Committee Of Management, Khamariya Anjuman Islahul Muslemeen And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prashant Shukla Counsel for Respondent :- C.S.C.,Kailash Singh Kushwaha Hon'ble Saral Srivastava,J. 1. Heard Sri G.K. Singh, learned Senior Counsel assisted by Sri Prashant Shukla, learned counsel for the petitioners, learned Standing Counsel for respondent nos.1 to 3 and Sri Ashok Khare, learned Senior Counsel assisted by Sri Kailash Singh Kushwaha, learned counsel for respondent no.4. 2. The petitioners by means of the present writ petition has assailed the order dated 23.04.2025 passed by the respondent no.2- Assistant Registrar, Firms, Societies and Chits, Varanasi whereby the Assistant Registrar has discarded the election of petitioner and has invoked the power under Section 25(2) of the Societies Registration Act for holding the election of the Society namely, 'Khamariya Anjuman Islahul Muslemeen, Khamariya, District Sant Ravidas Nagar (Bhadohi)'. 3. Sri Ashok Khare, learned Senior Counsel for respondent no.4 states that respondent no.4 does not propose to file counter affidavit and states that the writ petition may be decided at this stage. 4. Challenging the aforesaid order, learned Senior Counsel for the petitioner has contended that in the instant case, none of the ingredients of Section 25 of the Societies Registration Act, 1860 (hereinafter referred to as 'Act, 1860') are present which confer powers upon the Assistant Registrar to invoke its power under Section 25(2) of the Act, 1860 inasmuch as under Section 25(2) of the Act, 1860, the Assistant Registrar could invoke its power only when a meeting for holding the election of the Society had been called. It is further submitted that in the instant case, an election of the petitioner has been held, and therefore, in such view of the fact, the Assistant Registrar did not have jurisdiction to invoke its power under Section 25(2) of the Act, 1860. 5. It is submitted that the law is settled that if there is dispute of office bearers of the Society, the Assistant Registrar is under obligation to refer the matter to the Prescribed Authority under Section under Section 25(1) of the Act, 1860. 6. The aforesaid submission advanced by the learned Senior Counsel for the petitioner is not disputed by the learned Senior Counsel for the respondents as well as learned Standing Counsel. 7. Since the aforesaid proposition of law advanced by the learned Senior Counsel for the petitioner has not been disputed by the learned Senior Counsel for the respondents, therefore, this Court finds that impugned order is without jurisdiction and cannot be sustained in law. Accordingly, the impugned order dated 23.04.2025 passed by the respondent no.2-Assistant Registrar, Firms, Societies and Chits, Varanasi is set aside. 8. The matter is remitted to the Prescribed Authority i.e. respondent no.3-Sub-Divisional Magistrate, Aurai, District Bhadohi. The respondent no.2-Assistant Registrar, Firms, Societies and Chits, Varanasi is directed to remit the record of the case to the respondent no.3 within a period of two weeks from the date of production of certified copy of this order. 9. The Prescribed Authority is further directed to decide the dispute within a period of two months from the date he receives the record of the case strictly in accordance with law after giving due notice and opportunity of hearing to all the concerned parties including the petitioner. 10. Thus, for the reasons given above, the writ petition is allowed with no order as to costs. Order Date :- 15.5.2025 Sattyarth Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad