HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 15893 of 2026 Court No. - 38 HON'BLE SIDDHARTH NANDAN, J. 1.Heard Sri R.K. Ojha, learned Senior Counsel, assisted by Sri Shivendu Ojha, learned counsel, for the petitioners, Sri Ashok Khare, learned Senior Counsel, assisted by Sri Aditendra Singh, learned counsel, for Respondent No. 3; and the learned Standing Counsel for respondents No. 1 and 2. 2. Sri R.K. Ojha, learned Senior Counsel, assailing the order dated 24.09.2025, by which the list of the Sansthapak Mandal for the year 2025-26, consisting of seven members, was registered, has submitted by placing reliance on the memorandum of the Sansthapak Mandal, more specifically on Clause 1(d) of the Rules and Regulations of the Sansthapak Mandal, which provides that in the event of a vacancy caused by the death of any member, it shall be filled by a capable member of his Society. He has also submitted that the registered list, does not consist of members of the family or their legal representatives. 3. He has further relied upon the list of membership, finalized vide the order dated 20.01.2011, to submit that the members of the Sansthapak Mandal do not include any of the members who Versus Counsel for Petitioner(s) : Ratnakar Upadhyay, Sr. Advocate Counsel for Respondent(s) : C.S.C. The Committee Of Management Kisan Education Trust And 2 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) were declared valid members vide the order dated 20.01.2011. He has also relied upon the list registered on 11.04.2005 for the year 2005-06 to submit that, apart from Sri Vinod Kumar Upadhyay, no members who can be said to be legal heirs or members of the family, have been included in the list for the year 2025-26. 4. Per contra, Sri Ashok Khare, learned Senior Counsel, has submitted that the petitioners have not assailed an identical list which was also registered for the year 2024–25; and accordingly they cannot be permitted to challenge the list of 2025-26. 5. He has further objected to the maintainability, of the writ petition on the strength of the proviso to Section 4(1-A) of the Societies Registration Act, 1860, wherein an appeal against the impugned order may be preferred before the Commissioner of the Division within whose jurisdiction the headquarters of the society lies, within one month from the date of communication of the order. 6. For ready reference the proviso to Section 4(1A) of the Societies Registration Act, 1860 is reproduced below:- "(1A) An appeal against an order made under this section may be preferred to Commission of the Division in whose jurisdiction the headquarter of the Society l within one month from the date of communication of such order. Provided that the appellate authority may admit an appeal after the expiry of su period if the appellant satisfies the appellate authority that he had sufficient cause not preferring the appeal within such period. Uttar Pradesh Act 8 of 2022, s. 3 (w.e.f. 7-7-2022)" 7. In response to the aforesaid arguments, Sri R.K. Ojha, learned Senior Counsel, placed before this Court a judgment dated 26.03.2012, passed in Civil Misc. Writ Petition No. 8181 of 2011, (Kisan National Education Trust & Another v. Assistant Registrar, Firms, Societies & Chits and Others), wherein this Court recorded categorical findings with respect to the 47 members inducted pursuant to the resolution dated WRIC No. 15893 of 2026 2 20.08.1985 and, while discarding the same, issued a direction to the Assistant Registrar to proceed to declare the elections, so as to enable the office-bearers so elected to take charge. 8. He has further submitted that, in pursuance of the said judgment of this Court dated 26.03.2012, lists were continuously registered for the years 2012–13, 2013–14, 2014–15, 2016–17, 2017–18, and lastly for the year 2022–23. 9. He has also submitted that from the said record, it is evident that neither the names shown in the list of the Sansthapak Mandal for the year 2005–06 nor those for the year 2025–26, include members from the Kisan National Education Trust; and as such, he submits that there are no disputed questions of facts, warranting relegation of the petitioners, to an alternative remedy. 10. However, Sri Ashok Khare has raised a serious dispute with regard to the aforesaid facts, namely, whether the members registered for the year 2025–26 are members of the family or not, and as such he submits that the only efficacious remedy is by way of the alternative remedy, of filing an Appeal as it involves disputed questions of fact. 11. In the rejoinder, Sri R.K. Ojha has submitted that he has also filed a detailed objection dated 15.03.2024 before the Assistant Registrar, but the same has been completely ignored, and the Assistant Registrar has proceeded to register the impugned list for the year 2025–26. He fairly submits that in case the said objections, filed on 15.03.2024, are duly considered by the Appellate Authority and principles of natural justice are adhered to, he has no objection in filing the appeal, subject to relaxation of the period of limitation, on the aforesaid proposition. Sri Ashok Khare, learned Senior Counsel has no objection to the same. 12. In view of the aforesaid, and by consent of the parties, the Appellate Authority is directed to consider the objections of the WRIC No. 15893 of 2026 3 petitioners dated 15.03.2024 as mentioned hereinabove, by adhering to the principles of natural justice and strictly in accordance with law, in case the petitioners file an appeal under the proviso to Section 4(1-A) of the Act of 1860, within a period of 15 days from today. 13. It is also provided that, if such an appeal under the proviso to Section 4(1-A) of the Act of 1860 is filed within a period of 15 days from today, the Appellate Authority shall proceed to decide the appeal expeditiously, preferably within a period of two months. However, it is made clear that the appeal shall not be rejected solely on the ground of limitation. No other arguments or prayer, has been pressed by the petitioners 14. With the aforesaid observations and directions, the petition is disposed off at the admission stage, by the consent of the parties. May 6, 2026 piyush WRIC No. 15893 of 2026 4 (Siddharth Nandan,J.) Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad