Neutral Citation No. - 2025:AHC:81471 Court No. - 32 Case :- WRIT - C No. - 15578 of 2025 Petitioner :- Committee Of Management, Gramya Shiksha Vikas Samiti Village Sansarpar And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Aakarsh Dwivedi,Narendra Kumar Chaturvedi Counsel for Respondent :- C.S.C.,Deepak Kumar Hon'ble Saral Srivastava,J. 1. Heard learned counsel for the petitioners, learned Standing Counsel for respondents No.1 and 2 and Sri Ashok Khare, learned Senior Counsel assisted by Sri Deepak Kumar, learned counsel for the respondent No.3. 2. The petitioner by means of the present writ petition has prayed for the following reliefs:- "(a). Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 03.04.2025 passed by the Assistant Registrar, Firm, Societies and Chits, Gorakhpur Region, Gorakhpur (respondent No.2) as well as election dated 17.04.2025 held by Election Officer/Assistant Registrar, Firm, Societies and Chits, Gorakhpur Region, Gorakhpur (respondent No.2) under Section 25(2) of Societies Registration Act, 1860 (Annexure No.1 & 2) to the writ petition. (b). Issue a writ, order or direction in the nature of mandamus directing the respondent No.2 not to take any further action in pursuance of the impugned election dated 17.04.2025 held by Election Officer/Assistant Registrar, Firm, Societies and Chits, Gorakhpur Region, Gorakhpur (respondent No.2). (c). Issue any order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. (d). Award the cost of the writ petition in favour of the petitioner." 3. It is contended by the learned counsel for the petitioner that the election of the Society namely 'Gramya Shiksha Vikas Samiti, Village Sansarpur, Post Office Barhalganj, District Gorakhpur' has been held on 17.04.2025 in the teeth of the Bye Laws of the Society and against the spirit of the order passed by this Court. It is contended that earlier an order dated 22.10.2019 has been passed by the Prescribed Authority/Sub Divisional Magistrate in Case No.RTS/1687/2015 (Computerized Case No.T20150531071687) which order was assailed by C/M Gramya Shiksha Samiti Village Sansarpur and Another in Writ-C No.38362 of 2019 and this Court was pleased to pass an interim order on 25.11.2019. 4. It is contended that the same order was challenged by the petitioner by filing Writ-C No.42441 of 2019 which was connected by this Court with Writ-C No.38362 of 2019. It is submitted that after the stay of the order dated 22.10.2019, the Sub Divisional Magistrate passed an order dated 02.03.2020 to restore the status quo existing prior to 10.06.2019 which order came to be challenged by the petitioner in Writ-C No.11168 of 2020 in which this Court was pleased to pass status quo order. 5. It is submitted that the order passed in Writ-C No.11168 of 2020 has not been vacated and is still in existence. It is further submitted that various illegalities have been committed in inducting the member of the Society, and the election has not been held in accordance with the Bye-Laws of the Society as well as a valid electoral college, therefore, the election alleged to have been held on 17.04.2025 is bad. 6. Be that as it may, the election of the Society has been held and the Assistant Registrar is yet to consider the validity of the election. In such view of the fact, this Court considering the fact that the Assistant Registrar has yet to decide the validity of the election held on 17.04.2025 proposes that the petitioner may be permitted to file an objection before the Assistant Registrar against the election dated 17.04.2025, and the same may be considered by the Assistant Registrar before registering the list of office bearers in accordance with law. 7. Sri Ashok Khare, learned Senior Counsel has no objection to the aforesaid proposal of the Court. 8. In such view of the fact, the writ petition is disposed off permitting the petitioner to file a detailed representation/objection against the alleged election dated 17.04.2025 of the Society before the Assistant Registrar within a period of three weeks from today. 9. In case any such objection is filed by the petitioner before the Assistant Registrar against the alleged election dated 17.04.2025, same shall be considered and decided by the Assistant Registrar strictly in accordance with law after giving due notice and opportunity of hearing to all the concerned parties before registering the list of office bearers of the Society. Order Date :- 16.5.2025 SSharma Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad