JUDGEMENT
SANGEETA CHANDRA,J. -
(1.)This writ petition has been filed by the petitioner which is a Society through its Secretary Tej Pratap Singh and one Pawan Kumar Singh son of Babban Singh, the President of the Society with the State of UP through the Deputy Registrar Faizabad and the SDM Ambedkar Nagar as respondents nos. 1,2 and 3 receptively and Narendra Pratap Singh, Raj Bahadur Vishwakarma, Vikramaditya Goswami, Rajkaran Verma, and Narendra Pratap Narain Singh as respondents no. 4 to 8 respectively. It is the case of the petitioners that Khemraj Smarak Rashtriya Vidyapeeth Sangh (hereinafter referred to as ''the Society') was registered on 19/11/1965 under the provisions of the Societies Registration Act at File No. 15328 and at the time of its registration the General Body of the Society had 15 members and the strength has now increased to 44. The Elections of the Committee of Management of the Society were held on 30/11/1965, 30/11/1967, 30/11/1969, 30/11/1971, 30/11/1973, 30/11/1975, 30/11/1977, and 30/11/1979.
(2.)On 11/10/1980 the registered by-laws of the Society were amended and the Amendment duly registered on 29.11.1980 in the office of the respondent n. 2 by which the term of the Committee was increased to 5 years and periodical elections were thereafter held on 30/11/1983, 04/04/1988, 30/04/1993, 01/04/1998, 01/04/2003, and 01/04/2008 and the next elections were due in the month of April 2013. It has also been submitted that after registration of the Society its renewal has been done from time to time and the last renewal was done for a period of five years with effect from 10/10/2005.
(3.)On 31.02.1985 one Hira Singh along with five others made a complaint before the opposite party no.2 against the amendment in the by-laws and Renewal Certificate being issued to the office bearers of the petitioner-Society. The complaint of Hira Singh and five others was rejected by the opposite party nos. 2 on 05/07/1986 with liberty to the complainant to file a case under Sec. 25 (1) of the Act before the Prescribed Authority for redressal of their grievance. Hira Singh along with others filed a case under Sec. 25 (1) of the Act on 23/10/1986 but it was dismissed for non prosecution on 09.05.1988. No application for recall of the order was made thereafter and the order became final.
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