Allahabad High Court

Kunwar Shekhar Kumar vs State Of U.P. And 19 Others on 10 October, 2025

Author: Saurabh Shyam Shamshery

Bench: Saurabh Shyam Shamshery





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 



 

 

 

 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD
 

 
WRIT - C No. - 35540 of 2025
 

 
Kunwar Shekhar Kumar
 

 
..Petitioners(s)
 

 

 
Versus
 

 
State of U.P. and 19 others
 

 

 
..Respondents(s)
 

 

 
Counsel for Petitioners(s)
 
:
 
Prabhakar Awasthi, Saurabh Tripathi
 
Counsel for Respondent(s)
 
:
 
Manu Srivastava, Ashima Goel, C.S.C.
 

 

 
Connected With
 
WRIT - C No. - 31850 of 2025
 

 
Kunwar Shekhar Kumar
 

 
..Petitioners(s)
 

 

 
Versus
 

 
State of U.P. and 2 others
 

 

 
..Respondents(s)
 

 

 
Counsel for Petitioners(s)
 
:
 
Prabhakar Awasthi, Saurabh Tripathi
 
Counsel for Respondent(s)
 
:
 
Ashima Goel, C.S.C., Hritudhwaj Pratap Sahi, Manu Srivastava, Samarath Singh, Yogesh Kumar Saxena
 

 

 
Court No. - 32
 

 
HONBLE SAURABH SHYAM SHAMSHERY, J.

1. With the consent of learned counsel for parties, both these writ petitions have been heard together and are being decided by this common judgment.

2. Heard Sri Prabhakar Awasthi, learned counsel for petitioner, learned Standing Counsel for State-Respondents and Sri Y.K. Saxena, Sri Manu Srivastava, Dr. Suman Kumar Yadav, Advocates for private respondents.

3. The dispute between parties has reached earlier before this Court by way of Writ-C Nos. 39295 of 2023 and 40788 of 2023, which were disposed of by following order dated 19.02.2024:

1. The present petitions have been filed challenging the order dated 9th of October, 2023 passed by the Assistant Registrar, Firms, Societies and Chits, Prayagraj notifying the elections of the Society named as Aryan Educational Trust, Meerapur, District Prayagraj under Section 25(2) of the Societies Registration Act, 1860 (hereinafter referred to as 'the Act, 1860') and also challenging the proceedings culminating in the elections held on 12th of November, 2023 and 14th of November, 2023 electing the respondent no.3 as the Secretary of the Committee of Management of the Society.

2. The aforesaid challenges are mainly on the ground that the objections of the petitioner filed under Section 4(B) of the Act, 1860 were pending before the Assistant Registrar and the order notifying the elections was made without deciding the objections filed under Section 4(B) of the Act, 1860.

3. Sri Yogesh Kumar Saxena representing the respondent no.3 has filed a counter affidavit in Writ-C No. 40788 of 2023, which is taken on record.

4. In the aforesaid counter affidavit, the respondent no.3 has conceded that the elections dated 12th of November, 2023 and 14th of November, 2023 be set aside and the Assistant Registrar be directed to decide the objections of the petitioner filed under Section 4(B) of the Act, 1860.

5. A supplementary affidavit has been filed by the petitioner pleading that the case be transferred from the Assistant Registrar, Firms, Societies and Chits, Prayagraj to some other Assistant Registrar namely Varanasi, Gorakhpur, Kanpur etc. and the case be not heard by the present Assistant Registrar, Prayagraj.

6. In view of the concession given by the counsel for the parties regarding the objections of the petitioner filed under Section 4(B) of the Act, 1860, the petitions are allowed.

7. The order dated 9th of October, 2023 passed by the Assistant Registrar, Firms, Societies and Chits, Prayagraj and the consequential elections held in pursuance to the order dated 9th of October, 2023 are, hereby, set aside.

8. In order to settle the controversy between the parties regrading the fairness in the proceedings, the matter is transferred to the Assistant Registrar, Firms, Societies and Chits, Azamgarh from the Assistant Registrar, Firms, Societies and Chits, Prayagraj.

9. The objections filed by the petitioner under Section 4(B) of the Act, 1860 shall be decided by the Assistant Registrar, Firms, Societies and Chits, Azamgarh, in accordance with law, within a period of one month from the date of receipt of the records by him.

10. The Assistant Registrar, Firms, Societies and Chits, Prayagraj is directed to transmit the records to Assistant Registrar, Azamgarh relating to the objections filed by the petitioner within a period of one week from today.

11. The elections of the Society shall be held in accordance with law after the decision of the Assistant Registrar, Firms, Societies and Chits, Azamgarh under Section 4(B) of the Act, 1860.

12. It is clarified that the transfer of the present matter from Assistant Registrar, Firms, Societies and Chits, Prayagraj to Assistant Registrar, Firms, Societies and Chits, Azamgarh shall not be treated as any adverse comment on the conduct of the Assistant Registrar, Firms, Societies and Chits, Prayagraj and has been done only to settle the dispute between the parties regarding the fairness of the proceedings.

4. From perusal of aforesaid order, it is evident that the Court has directed that Assistant Registrar, Firms, Societies and Chits, Azamgarh will decide the issue under Section 4(B) of Societies Registration Act, 1860 (hereinafter referred to as Act, 1860) and it is informed that said issue has been decided vide order dated 15.06.2024 and that order has been challenged by rival parties by way of filing Writ-C Nos. 22324 of 2024 and 2917 of 2025, which are pending.

5. Meanwhile, without taking note of aforesaid order dated 19.02.2024 passed by this Court, the Assistant Registrar, Firms, Societies and Chits, Prayagraj proceeded to pass following order dated 25.09.2025:

"कार्यालय आदेश

संस्था- आर्यन एजुकेशन ट्रस्ट, 92ए मीरापुर, जिला-प्रयागराज के प्रबन्ध समिति का संशोधित चुनाव कार्यक्रम कार्यालय पत्र संख्या 1536 दिनांक 11.09.2025 के द्वारा घोषित किया गया था जिसमें कार्यालय अधीक्षक, आर्य प्रतिनिधि सभा उ०प्र० लखनऊ के द्वारा कार्यालय पत्रांक 134 दिनांक 03.09.2025 जो अधोहस्ताक्षरी कार्यालय में एक ही पत्रांक व दिनांक से दो भिन्न-भिन्न विषय वस्तु सत्यापन आख्या प्राप्त है। उक्त दोनों पत्रों के सत्यापन के सम्बन्ध में अधोहस्ताक्षरी कार्यालय पत्रांक 1607 दिनांक 18.09.2025 प्रेषित किया गया है। जिसके क्रम में आर्य प्रतिनिधि सभा उ०प्र० लखनऊ के कार्यालय पत्र सं०162 दिनांक 24.09.2025 कार्यालय में पत्र प्राप्त हुआ है। उक्त पत्रों के आधार पर वैध प्रत्याशियों की सूची के प्रकाशन 25.09.2025 को किया जा रहा है तथा शेष चुनाव कार्यक्रम कार्यालय पत्र सं० 1536 दिनांक 11.09.2025 के अऩुसार कराया जायेगा।"

6. I find merit in the argument of learned counsel for petitioner that aforesaid order is in fact has caused variance to the order dated 15.06.2024 passed under Section 4(B) of Act, 1860 by Assistant Registrar, Firms, Societies and Chits, Azamgarh, i.e., it is an order in the teeth of judgment passed by this Court on 19.02.2024.

7. In impugned order the Assistant Registrar, Firms, Societies and Chits, Prayagraj has not taken note of order dated 19.02.2024 and the decision made in pursuance of above order. Therefore, the Court finds that it is a case of marching over the order passed by this Court.

8. Learned counsels appearing for respondents have tried their best, however, they are not able to convince the Court on basis of record available.

9. Assistant Registrar, Firms, Societies and Chits, Prayagraj, appears in person and submits that he has inadvertently passed the impugned orders without perusal of order passed by this Court.

10. In aforesaid circumstances, impugned orders dated 25.09.2025 and 26.09.2025 (in Writ-C No. 35540 of 2025) as well as orders dated 27.08.2025 and 30.08.2025 (in Writ-C No. 31850 of 2025), are hereby set aside.

11. It is directed that Assistant Registrar, Firms, Societies and Chits, Azamgarh shall conduct election on basis of order dated 15.06.2024 passed under Section 4(B) of Act, 1860, subject to outcome of Writ-C Nos. 22324 of 2024 and 2917 of 2025. Said Authority can deal any objection to election, if has substance, strictly in accordance with law.

12. With aforesaid observations/ directions, both writ petitions are disposed of.

13. Registrar (Compliance) to take steps.

14. List Writ-C Nos. 22324 of 2024 and 2917 of 2025 in the first week of November, 2025 for final hearing.

October 10, 2025