Court Directs Election Dispute to be Resolved by Prescribed Authority, Ensures Society's Affairs Remain Unaffected
In a significant judgment passed on December 19, 2025, the Allahabad High Court at Lucknow has quashed an order dated December 5, 2025, by the Deputy Registrar, Firms, Societies, and Chits, Lucknow Division, regarding the elections of Arya Pratinidhi Sabha. The court determined that the Deputy Registrar lacked jurisdiction to decide the validity of elections, directing that such disputes should be referred to the Prescribed Authority under Section 25 of the Societies Registration Act, 1860.
The dispute arose when the Deputy Registrar declared the election conducted on March 27, 2021, valid, electing Sri Bhuvan Tiwari as Pradhan, while invalidating elections held on March 21, 2021, involving other parties. The petitioners challenged this order, asserting that the Deputy Registrar's decision overstepped legal boundaries, as only the Prescribed Authority is empowered to adjudicate such matters.
Justice Subhash Vidyarthi, presiding over the case, acknowledged the petitioners' argument and emphasized the established legal position, which restricts the Deputy Registrar from deciding election disputes. He underscored that these matters must be referred to and resolved by the Prescribed Authority.
The court has directed the Deputy Registrar to refer the election dispute to the Prescribed Authority promptly. It also mandated the Prescribed Authority to conclude proceedings within two months, considering the Managing Committee's term expiration in March 2026. The court stressed the importance of ensuring that the proceedings are not rendered moot due to the passage of time.
Moreover, the judgment addressed concerns from both the petitioners and respondents regarding the interim management of the society's affairs. The court ordered the Managing Committee to oversee day-to-day operations without creating third-party interests or making policy decisions that could adversely affect other parties during the litigation process.
This decision reinforces the procedural integrity of election disputes under the Societies Registration Act and aims to prevent administrative overreach, ensuring that such disputes are resolved by the appropriate authority.
Bottom Line:
Election disputes under the Societies Registration Act cannot be decided by the Deputy Registrar, Firms, Societies, and Chits. Such disputes must be referred to the Prescribed Authority for adjudication.
Statutory provision(s): Societies Registration Act, 1860, Section 25
Arya Pratinidhi Sabha v. State of U.P., (Allahabad)(Lucknow) : Law Finder Doc Id # 2825459
