SUNIL AMBWANI, J. Sarvodaya Shiksha Samiti Kauriram, District Gorakhpur is a society registered under the Societys Registration Act, 1860 (in short, the Act), with its registration renewed upto 10-10-2005. The society runs many educational institutions including Sarvodaya Kisan Intermediate College Kauriram, District Gorakhpur. The bye-laws of the society provide for several categories of members. This includes ex- officio members, nominated members, Panchayat members, patrons, fellows, life members, ordinary members and special members. The management of the society vests in an executive committee. The District Magistrate, Gorakhpur; Sub- Divisional Magistrate Basgaon; Tehsildar Basgaon, all the principals of the institutions run and managed by the society; and one representative of the employees of every such educational institution are provided to be the ex-officio members. The District Magistrate or person nominated by him is an ex- officio, president of the society. Bye-law No. 17 provides for election of the executive committee. Clause (1) of bye-law 17 provides that the period of executive committee shall be of three years, and after every three years members of the committee shall be elected in the annual general meeting. Those members, who have completed their terms, are also entitled to be re- elected. A proviso to clause (1) provides that where elections are to be held in the annual meeting, a 60 days notice shall be given to all the members, who are entitled to cast their votes. As far as possible the District Inspector of Schools may appoint an observer for the meeting who shall be a retired member of any Government college or a senior officer of the education department who is not concerned with the affairs of the educational selection. Any senior Dy. Inspector of Schools can also be appointed an observer. Clause (2) of By law 17, which is relevant for the purposes of this case provides that if for any special reason the election of committee of management is not held even after three years, the erstwhile executive committee can function for another three months, but the said period cannot be extended. Clause (2) of By law 17, which is relevant for the purposes of this case provides that if for any special reason the election of committee of management is not held even after three years, the erstwhile executive committee can function for another three months, but the said period cannot be extended. Under bye-law 12 and 14 (6) the election must be held by 30th June, and in any case in special circumstances under specific instructions the committee the elections must be held before October, and if it is not possible, the President shall be competent to take steps under Bye-law 33 (2) which gives emergency powers, to be approved by general body in a meeting convened within three months. Clause (3) of Bye-law 17 provides that the office bearers of the executive committee shall continue to function until their successors are elected. New office bearers shall be elected according to Bye-law 24. These includes a Vice President, a secretary (Manager), and Joint Secretary (Deputy Manager), to be elected from amongst the executive committee. 2. By law 18 provides for Constitution of committee. It provides for representation of each categories of members of society. Two members are to be elected by the ordinary members, one from among panchyats members, two from life members, two from fellows, one from patrons and one from special members. Bye-law 19 provides that apart from aforesaid nine elected members the District Magistrate, the Sub-Divisional Magistrate Basgaon; Tahsil Basgaon; the principal of Sarvodaya Kisan Intermediate College and two representative of teachers and employees as it is provided in the scheme of the administration, shall be the members of the executive committee. Bye-law 20 provides that the District Magistrate, Gorakhpur or a member nominated by him shall be the president of the general body and executive committee and preside over the general meeting, or the meeting of the executive committee and in his absence the vice-chairman shall discharge the duties. In the absence of both the chairman and vice-chairman the members present in the meeting shall elect a chairman to preside over the said meeting. 3. The elections to elect executive committee of the society and consequently the Committee of the Management of the college were held on 3-11-1993. The next elections were due on or before 3-11-96. In the absence of both the chairman and vice-chairman the members present in the meeting shall elect a chairman to preside over the said meeting. 3. The elections to elect executive committee of the society and consequently the Committee of the Management of the college were held on 3-11-1993. The next elections were due on or before 3-11-96. The principal of the college by his letter dated 17-10-96 requested District Inspector of School to appoint an observer for the elections to be held on 3-11-1996. By resolution No. 3 dated 27-10-96, the Committee of Management of the society authorised Sri Sitaram Rai, the secretary of the committee and the manager of the Committee of the Management of the college, to increase members of the society. The District Inspector of School, Gorakhpur by his letter dated 29-10-96 expressed his inability to appoint observer for elections to be held on 3-11-96 on the ground that in pursuance of the direction of the High Court at Allahabad dated 10-9-96 and the order of the District Magistrate, Gorakhpur dated 15-10-96, the matter with regard to membership is to be heard and decided by District Magistrate. It is relevant to state here that respondent Nos. 3 and 4 to this writ petition had filed a writ petition No. 29102 of 1996 in which a direction was issued by this Court on 10-9-96 to the District Magistrate to decide their representation dated 18-7-96 regarding their membership. The order for deciding representation was passed by this Court on the first date of hearing without issuing notices and hearing the respondents, and which gave rise to this litigation. 4. In pursuance of resolution dated 27-10-96 of the executive committee of the society, the secretary, proposed induction of new members. The executive committee vide its resolution No. 4 dated 24-11-06, approves their names and decided to admit them as members in their respective categories thereby increasing the total membership of the Samit to 134 excluding the ex- officio members. In the meantime the principal of the college by his letter dated 2-6-97 again requested District Inspector of Schools to permit petitioners to hold the elections. 5. The District Magistrate Gorakh-pur vide his order dated 10-6-97 decided the representation made the respondents 3 and 4 and directed the Executive Committee of the society to admit them as members of the society. 5. The District Magistrate Gorakh-pur vide his order dated 10-6-97 decided the representation made the respondents 3 and 4 and directed the Executive Committee of the society to admit them as members of the society. The Committee of Management accepted the orders and issued notices dated 25-6-97 to respondents 3 and 4 to deposit their membership fees. It is alleged that they did not pay the fees and thus one more opportunity was given to them to pay the membership fees vide notice dated 19-8-97. The District Magistrate accepted application of one Sri Ram Briksha Rai, a member of the society dated 16-9-96, to hold the elections which were due to be held on 3-11-96 on the basis of the members admitted prior to 3-11-93. One Sri Markandey Rai approached District Magistrate stating that the order has been passed without hearing the affected parties. On this representation the District Magistrate, stayed operation of his order dated 18-8-97. Thereafter, principal of the college as well as secretary sent several letters to District Inspector of School, Gorakhpur to permit them to hold the elections vide their letters dated 30-6-98, 6-11-98, 5-4-99 and 21-4-99 and continued to request to District Inspector of School, Gorakhpur to appoint an observer for holding elections. Finally by election notice dated 30-12- 99 the elections were announced and the list of members of the society were published on the notice board of Sarvodaya Kisan Intermediate College Kauriram, Gorakhpur, on 5-1-2000 informing elections to be held within 15 days. It is alleged that notices were given to all the members which included the names of members admitted by resolution No. 6 dated 30-6-1996 and resolution No. 4 dated 24-11-96, and once again request was made to District Inspector of School to appoint an observer. The District Inspector of School directed the Accounts Officer of his office to verify the validity of the list of the members on which the Accounts Officer made enquiries and submitted his report dated 11-4-2000 verifying its validity. The District Inspector of School Gorakhpur, thereafter by his letter dated 27-5-2000 informed the secretary of the society that the list of the members has been verified and was found to be genuine and that one Sri Ravinder Nath Tripathi was appointed as observers for the elections. The District Inspector of School Gorakhpur, thereafter by his letter dated 27-5-2000 informed the secretary of the society that the list of the members has been verified and was found to be genuine and that one Sri Ravinder Nath Tripathi was appointed as observers for the elections. The election were held on 11-6-2000 in which Sri Sitaram Rai, Petitioner No. 1 was elected as Secretary of the society. It is alleged that 92 members participated in the election. The observer submitted his report on 16-6-2000 to the District Inspector of Schools and on the aforesaid report the District Inspector of Schools approved signatures of Sri Sitaram Rai, petitioner No. 1 vide his orders dated 3-7-2000. 6. Respondents 3 to 10 filed an application before the Additional Registrar of Accounts, Society and Chips Gorakhpur and Respondent No. 1 on 10-10-2001 to declare the elections of the society dated 11- 6-2000 as invalid and to hold fresh elections, on the grounds that the members admitted after 3-11-93 were not valid members; respondents No. 3 and 4 were illegally excluded from the voters list, and that executive committee of which the term had expired could not have held the elections on 11-6-2000. The District Inspector of Schools on the instructions received from the District Magistrate summoned an urgent meeting to be held in the college regarding the elections of the society on 23-10-2001. It is alleged that petitioner produced all the records in the meeting before the District Magistrate, Gorakhpur, but he did not care to look at them. An order was issued on 24-10-2001 by the District Magistrate directing Assistant Registrar to enquire into the validity of the elections. In pursuance of the notices issued by Additional Registrar, respondent No. 1, petitioners submitted their reply on 11-12- 2001. The matter was heard and by impugned order dated 20-12-2001, the Assistant Registrar declared the elections of the executive committee of the society dated 11-6- 2000 as invalid and directed fresh elections to be held in exercise of powers under Section 25 (2) of the Act, appointing District Inspector of Schools Gorakhpur as election officer, to hold elections from the list of members of general body appended to the order. The District Magistrate in exercise of powers under Bye-law 33 (2) by his order dated 31-12-2001 assumed the entire powers of management of the society to discharge the functions of the management. The District Magistrate in exercise of powers under Bye-law 33 (2) by his order dated 31-12-2001 assumed the entire powers of management of the society to discharge the functions of the management. He notified the election schedule fixing 3-3-2002 as a date for holding elections of the Committee of Management, and 9-3-2002 for election of office bearers for Committee of Management. 7. On 3-3-2002 nine members were elected as members of the Committee of the Management including Sri Bindumati Rai, Markandey Rai, Ram Sarash Rai and Pramod Kumar Rai. On 9-3-2002 the elections of the office bearers of the Committee of Management was held in which Sri Chandra Sen Nagar was elected as Vice-President, Sri Bindumati Rai as manager and Sri Sourabh Rai as Joint Secretary/assistant Manager. The documents concerning the elections were sent to Regional Committee constituted under Government order dated 19-12-2000 which approved the elections on the basis of which Joint Director of Education, Gorakhpur issued an order dated 16-3-2002 approving the Committee of Management, and the signatures of Sri Bindumati Rai were attested. A Writ Petition No. 98006 of 2000 was filed by Markandey Rai and others v. Regional Educational Committee and others, against orders of Regional Committee and the Joint Director of Education. By an order dated 11-11-2002, the operation of the order dated 16-3-2002 was stayed. A Special Appeal No. 1275 of 2002 against the order was decided by Division Bench on 29-11- 2002 and while setting aside the ex-parte said order dated 11-11-2002, the matter was directed to be listed before learned Single Judge after exchange of affidavit. Learned Single Judge by his order dated 11-12-2002 disposed off the writ petition with direction to the Regional Committee to consider the validity of the election in the light of the objections raised and after affording opportunity of hearing, production of evidence and to take decision within two months. The Regional Committee heard the matter and vide orders dated 25-3-2003, the elections dated 3-3-2002 and 9-3- 2002 were declared invalid. Directed Regional Accounts Officer (Regional Audit Units) Gorakhpur was required to act as Prabandh Sanchalak for holding fresh elections within a period of three months. This order of Regional Committee dated 25-3-2003 has been challenged by the Committee of Management represented by Smt. Bindumati Rai in writ petition No. 14716 of 2003. 8. Directed Regional Accounts Officer (Regional Audit Units) Gorakhpur was required to act as Prabandh Sanchalak for holding fresh elections within a period of three months. This order of Regional Committee dated 25-3-2003 has been challenged by the Committee of Management represented by Smt. Bindumati Rai in writ petition No. 14716 of 2003. 8. Heard Sri Salil Kumar Rai, counsel for petitioners in writ petition No. 742 of 2002 and for respondents in writ petition No. 14716 of 2003; and Sri Ashok Khare assisted by Sri S. P. K. Tripathi for respondents in writ petition No. 742 of 2002 and for petitioners in writ petition No. 14216 of 2003. 9. Sri Salil Kumar Rai addressing Court in writ petition No. 742 of 2002 submits that the registrar of societies did not have jurisdiction under Section 25 (2) of the Act to call for meeting of the general body of the society for electing executive committee and office bearers. According to him the provisions of sub-section (2) of Section 25 are attracted only where the election has been set aside or an office bearers are held no longer entitled to continue in office after deciding a dispute under sub-section (1) of Section 25 of the Act. He submits that even if the term of the committee of management had expired and the extended period for holding elections also expired, the Registrar cannot assume powers and usurp the authority of the office bearers of the society to hold fresh elections. In the present case he submits that the process of holding elections was initiated before the term of executive committee expired, by fixing a date of holding elections on 3-11-96, and District Inspector of School was requested for sending an observer. The society had in the past held elections, only under the supervision of an observer appointed by District Inspector of School. Inspite of repeated requests made to the District Inspector of Schools observer was not appointed. The District Magistrate had no authority to decide validity of the membership. As an ex-officio president of the society he was not authorised to intervene into the affairs of the society, and decide disputes to be raised by the members. Respondent No. 3 was a Class-IV employee of the college and by his letter dated 15-8- 1988 he has resigned from ordinary membership. As an ex-officio president of the society he was not authorised to intervene into the affairs of the society, and decide disputes to be raised by the members. Respondent No. 3 was a Class-IV employee of the college and by his letter dated 15-8- 1988 he has resigned from ordinary membership. He had filed a writ petition No. 23198 of 1989 for payment of salary in which notices were issued on 6-9-1989. His vacancy was filled by appointment of Sri Ram Lakhan Rai on 18-1-1990 as member of the executive committee. Respondent No. 4 did not pay the membership fees inspite of notices dated 18-3-1993 and 23-3-1993. The application for membership dated 18-7-1996 was misconceived and that the entire dispute arose from a direction issued by this Court in writ petition No. 29702 of 1996 directing District Magistrate to decide the representation of respondents 3 and 4. The District Magistrate as ex-officio President acted beyond his role assigned to him in Bye-laws and caused unwanted intervention tainted with mala fides. According to Sri Salil Kumar Rai the bye-laws of the society provide that the term of executive committee cannot be extended beyond three months. However, the office bearers continue to function under Bye-law 17 (3) and there is no restriction imposed upon them, not to hold elections. The registrar of the society acted on the dictates of the District Magistrate, and assumed powers under Section 25 (2) of the Act, which he did not possess and wrongly held that petitioners did not have authority to hold election. The Assistant Registrar could not have ordered fresh elections to be held and in any case he could not have excluded, the validly inducted 61 members without giving any reason whatsoever. He did not decide and had no authority to decide the validity of the membership and to annex a list of members of general body excluding almost forty per cent of the members, for holding fresh elections. 10. Sri Ashok Khare, Senior Advocate, on the other hand submitted that the bye-law 17 (2) authorise the outgoing committee to hold fresh elections before the expiry of its term and in any case within three months thereafter. According to him the committee of management could only function upto three months beyond the expiry of its term. Thereafter the executive committee will cease to function and that only the office bearer are allowed to continue. According to him the committee of management could only function upto three months beyond the expiry of its term. Thereafter the executive committee will cease to function and that only the office bearer are allowed to continue. Bye-laws provides for only four office bearers including the President and that since. By law 25 provides for a quorum of five members of the committee to transact any business of committee, the election meeting could not have been convened. He, further, submits that the committee of management could not have inducted number on the eve of the elections. The 61 members were illegally inducted. He has relied upon copy of membership register, which shows the membership fees of some members were deposited much after the election were held. The Assistant Registrar, according to him, acted within his authority under Section 25 (2) of the Act, to call the meeting of the general body to elect the office bearers as the election of office bearers of the society was not held within the time specified in the Bye-laws of the society. He rightly excluded the numbers of members who were wrongly inducted and it is incorrect to say that his order was made on the dictates of District Magistrate. Sri Khare has relied upon a Division Bench judgment of this Court in Committee of Management, Adarsh Shiksha Niketan, Renukoot and another v. The Assistant Register, Firms Societies and Chips Varanasi, 2000 All CJ 1083, and judgment in Seva Samiti Allahabad v. Assistant Registrar, Firms, Societies and Chits, Allahabad and others, 2002 (1) AWC 771 ; 2002 (1) LBESR 486 (All), in support of his submissions that where the election of the society has not been held within the specified period prescribed under the Bye-laws, the Assistant Register gets authority to direct fresh elections. 11. Both the counsels also addressed the Court on the validity of the elections dated 3-3-2002 and 9-3- 2002, which have been set aside by the Regional Committee by his order dated 25-3-2003, impugned in writ petition No. 17216 of 2003. 11. Both the counsels also addressed the Court on the validity of the elections dated 3-3-2002 and 9-3- 2002, which have been set aside by the Regional Committee by his order dated 25-3-2003, impugned in writ petition No. 17216 of 2003. Since the question of validity of the elections dated 3-3-2002 and 9-3- 2003 and the validity of the order of Regional Committee dated 25-3-2003 will depend upon the result of the writ petition No. 742 of 2002, I propose to consider the submissions and decide the writ petition No. 742 of 2002, before considering the submissions advanced in the later petition. 12. Societies Registration Act, 1860 was enacted for registration of literary, scientific and charitable societies. Any seven or more persons associated for any literary, scientific or charitable purpose, or for any such purpose as described in Section 20 of the Act, may, by subscribing their names to a memorandum of association and filing the same with the Registrar, Firms, from themselves into a society under the Act. Section 4 provides for annual list of managing body to be filed to the Registrar. By U. P. Act number 11 of 1984, a proviso has been added to Section 4 (1), which provides that if the managing body is elected after the last submission of the list, the counter signatures of the old members shall, as far as possible, be obtained on the list. If the old office bearers do not countersign the list, the Registrar may, in his distinction, issue a public notice or notice to such persons inviting of objections within specific period and decide all objections received within the said period. The powers and duties of Registrar have been specified in various provisions of the Act. He can cancel registration under Section 12-D and apply for dissolution on any of the grounds mentioned in clauses (a) to (e) of sub-section (1) of Section 13-A after giving show cause notice to the society, and thereafter moving the Court under Section 13- B for making an order for dissolution of society. He can call for information under Section 22 and investigate into the affairs of the society under Section 24. Section 25 inserted by U. P. Act No. 13 of 1978, with effect from 27-2-1978, provides for disputes regarding election of office bearers. He can call for information under Section 22 and investigate into the affairs of the society under Section 24. Section 25 inserted by U. P. Act No. 13 of 1978, with effect from 27-2-1978, provides for disputes regarding election of office bearers. A reference can be made by Registrar or by atleast one third of member of the society registered in U. P. , to the prescribed authority to hear and decide in a summary manner, any doubt or dispute in respect of the election or continuance in office of an office bearer of such authority, and may pass any such order in respect thereof as it deems fit. The prescribed authority can set aside the election of an office bearer, on the ground of corrupt practices, or on the ground that the nomination of any candidate has been improperly rejected, or that the result of the election has been materially affected by improper acceptance of nomination, or by improper reception, refusal or rejection of any vote or the reception of any void vote, or by any non-compliance with the provisions of any rules of the society. Sub-Sections 2 and 3 of Section 25, provide as follow: " (2) Where by an order made under sub-section (1), an election is set aside or an office-bearer is held no longer entitled to continue in office or where the Registrar is satisfied that any election of office bearers of a society has not been held within the time specified in the rules of that society, he may call meeting of the general body of such society for electing such office bearer or office bearers, and such meeting shall be presided over and be conducted by the Registrar or by any officer authorised by him in this behalf, and the provisions in the rules of the society relating to meetings and elections shall apply to such meeting and election with necessary modifications. (3) Where a meeting is called by the Registrar under sub-section (2), no other meeting shall be called for the purpose of election by any other authority or by any person claiming to be an office bearer of the society. " 13. The object and purpose of sub-section 25 is to provide for a forum to decide disputes regarding election of office bearers of registered societies. " 13. The object and purpose of sub-section 25 is to provide for a forum to decide disputes regarding election of office bearers of registered societies. Sub-section (2) of Section 25, quoted as above, comes into operation after the election is set aside, or an office bearer is held no longer entitled to continue in office. The satisfaction of the registrar that any election of office bearers of a society has not been held within the time specified in the Rules of that society is to be arrived, in accordance with the provisions in Bye-laws of the society, to which the members have subscribed. If there is no provision in the Bye-laws for holding elections after the expiry of the tenure of the executive committee or office bearers, the registrar may intervene to fill in the gap and to provide for such an eventuality by calling the meeting of the general body of the society for electing office bearers. Where the election of office bearers of the society has been set aside under sub-section (1) and the time limit of holding elections has expired the registrar may step in and provide for holding elections. However, in cases where the Bye-laws of the society do not provide for any such eventuality the registrar does not get authority to call any meeting of the general body of the society to elect executive committee or office bearers and to preside over such meeting or to authorise any officer in that behalf. The Rules of the society have to take precedence, except where they are inconsistent of the provision of the Act. In Committee of Management, Adarsh Shiksha Niketan, Renukoot (supra) the Court interpreted Para 8 of the Bye-law of the said society which provided for a term of three years to the office bearers, from the date of election. They were entitled to function even after the expiry of three years till the election was held. The election was held on 8-7-92 and that the next election took place after about five years. Another person namely, Dwarika also claimed election to have taken place on 13-12-98 i. e. after six years. There were rival elections set up by the claimants upon which the Assistant Registrar exercised powers under Section 25 (2) of the Act and directed a fresh meeting of the general body to be held. Another person namely, Dwarika also claimed election to have taken place on 13-12-98 i. e. after six years. There were rival elections set up by the claimants upon which the Assistant Registrar exercised powers under Section 25 (2) of the Act and directed a fresh meeting of the general body to be held. In Seva Samiti, Allahabad (supra) there were rival parties claiming that they have held fresh elections after the term of three years had expired. In these circumstances in both the aforesaid cases Court held that after the term had expired nobody could hold elections except the registrar. In both these cases there was an element of dispute and that the rival committees claimed elections to be held after the term of the outgoing Committee of Management had expired. 14. The present case offers different set of facts. The election programme was announced within three years and the District Inspector of Schools was requested to appoint an observer. The District Inspector of Schools refused to appoint an observer until the dispute about membership of respondents 3 and 4 was decided by District Magistrate. The election process was thus initiated, before the term of the outgoing executive committee had expired. Thereafter, inspite of repeated reminders the District Inspector of Schools did not agree to appoint an observer. The committee found itself mandated by Bye- law 17 (1) for appointment of an observer and to abide by the best traditions of the society in which all earlier elections were held under the supervision of an observer appointed by the District Inspector of Schools. The decision of the District Magistrate on the membership of respondents 3 and 4 had no material bearing on the elections and that the District Inspector of Schools was not justified in refusing appointment of an observer. At one stage the District Magistrate realised his mistake, and directed the elections to be held on the basis of list of members valid upto 3-11-93, but later he stayed his order. Ultimately the District Inspector of Schools agreed with the request and after carrying out the exercise of verifying the list of members appointed Sri Ravinder Nath Tripathi, as observer. The election was finally held on 11-6-2000. These elections were, in fact, postponed elections, which were scheduled to be held on 3-11-96. The Asst. Ultimately the District Inspector of Schools agreed with the request and after carrying out the exercise of verifying the list of members appointed Sri Ravinder Nath Tripathi, as observer. The election was finally held on 11-6-2000. These elections were, in fact, postponed elections, which were scheduled to be held on 3-11-96. The Asst. Registrar has set aside the election only on the ground that it could not have been held after the expiry of three years and three months, and that the newly enrolled members in the year 1996 had no right to participate in the election. However, there is no rival Committee nor any other elections were held by any other person to create doubt over validity of elections. 15. Bye-laws 17 (1) and (2) of the society provide for term of the Committee of Management. Bye-law 17 (3), however, provides for an eventuality in which the election may not be held within three years and three months. In such situation the office bearers of the Committee of Management are allowed to continue until they are replaced by their successors. These provisions read with Bye-law 24, 25 and 33 go to show that although the term of the executive committee come to an end, there was no restriction in bye-laws for holding fresh elections. The office bearers could call for a meeting and hold elections of the executive committee and office bearers to replace them. The quorum under Bye-law 25 is provided for ordinary meeting of executive committee. It does not cover the event when the term of the executive committee has expired and that the office bearers are continuing till fresh elections are held. Such an event is an exception to the provisions of bye-law 25, which provides for quorum for meetings in normal circumstances. 16. The aforesaid interpretation is supported by amendment by insertion of a proviso, to Section 4 of U. P. Act No. 11 of 1994 which provides that if the managing body is elected after the last submission of the list, the counter signatures of the old members, shall as far as possible be obtained on the lists. 17. Sri Salil Kumar Rai is correct in his submission that the provisions of Section 25 (2) were not attracted in the present case, and that the registrar could not have assumed powers to direct fresh election to be held. 17. Sri Salil Kumar Rai is correct in his submission that the provisions of Section 25 (2) were not attracted in the present case, and that the registrar could not have assumed powers to direct fresh election to be held. He is also correct in submitting that outgoing executive committee had initiated the process of election before its term had expired. The District Magistrate as an ex officio president had no authority to decide the membership of respondents 3 and 4 and to postpone elections on that account. The District Inspector of Schools initially failed to discharge his statutory obligation arising out of registered bye-laws of society to appoint an observer. The voters list was subsequently verified by the District Inspector of Schools and the elections dated 16-6-2002 were held under an observer appointed by District Inspector of Schools who submitted his report on the basis of which the signatures of petition No. 1 were approved. 18. The Assistant Registrar has not been given powers to decide the disputes arising out of the elections of the society. These powers have been given to the prescribed authority authorized by State Government by notification published in official Gazette. It is only when there is a stalemate, or there are rival committees who have set up the elections after the expiry of the term of the outgoing Committee of Management, and these elections are not found to be valid, and there is no provision in Bye-laws to hold elections after expiry of tenure of executive committee, reasonably inferred from the Bye-laws, that the Registrar can step in and provide for elections. He, however, cannot decide on the validity of the members, who are entitled to vote. The election disputes, if any, including validity of members entitled to vote can only be decided under Section 25 (1) by the prescribed authority, and that any person aggrieved thereafter has a right to approach Civil Court. 19. In Committee of Management Bal Avadh Inter College Lalitpur, Mau v. State of U. P. , 2002 (2) LBESR 320 (All) ; 2002 (3) ESC page 129, this Court held that the elections beyond the expiry of the tenure of the Committee of Management were valid on the ground that the election process was started well before the expiry of term and that there was no lack of bona fide in getting the election conducted in time. While reading to the aforesaid conclusion the Court relied upon the decision in Committee of Management v. Secretary, Arya Kanya Inter College, 1999 (2) UPLBEC (summary of Case) 77), and BNB Inter College v. Regional Deputy Director of Education, (1996 (3) UPLBEC 154. In Committee of Management Mubarakpur Inter College, Mubarakpur v. Regional Deputy Director of Education (second) Azamgarh, 1997 (1) UPLBEC 412 , this Court has relied upon the decision in Committee of Management, Aley Ahmad Girls Inter College v. Deputy Director of Education, Civil Misc. Writ Petition No. 10869 of 1996, decided on 15-11-1996 in holding that outgoing Committee of Management can be treated to be functional in law even after expiry of the period of tenure provided in Rule; given the dispute, and elections have been held complying with the conditions as provided in the Bye-laws. Such a Committee of Management can be recognised for administrative purpose. In the present case though the term of the Committee of Management had expired, the office bearers were entitled to continue until they were relieved by their successors. The elections were held in a meeting convened by them under observer appointed by District Inspector of Schools who had delayed such appointment unreasonable and illegally for about four years. The list of members was verified by District Inspector of Schools and that no irregularity was found in the elections. The Assistant Registrar did not find any error, and any irregularity or illegality or lack of bona fides in holding the elections, except the fact that it was held after the expiry of term of the executive committee. Under the Bye-law of the society and under Section 25 (2) he could not have proceeded to set aside the elections and to direct fresh elections to be held under the District Inspector of Schools as an Election Officer. 20. Sri Ashok Khare pointed out that the new members enrolled by the outgoing Committee of Management were not valid members as they have not deposited their membership fees and that they had no authority to participate in the elections. Registrar did not proceed to set aside elections on the basis that the elections were not held among the valid members. The Bye-laws of the society provide for the executive committee to represent various classes of the members of the society. Registrar did not proceed to set aside elections on the basis that the elections were not held among the valid members. The Bye-laws of the society provide for the executive committee to represent various classes of the members of the society. The respondents have not pleaded as to which categories of members are not valid members. In the absence of such material the elections of all the members in the Committee of Management could not questioned. In any case it was open to the respondents to raise these disputes before the registrar who could have referred the matter to the prescribed authority to be decided under Section 25 (1) of the Act. The validity of the electoral list, therefore, could not be a ground for the registrar to set aside the entire election and that he rightly did not decide this objection. 21. For the aforesaid reasons, the Writ Petition No. 742 of 2003 is allowed. The impugned orders dated 20-12-2001 of the Additional Registrar, Firms, Societies and Chits, Gorakhpur Division, Gorakhpur and the order dated 31-12-2001 passed by District Magistrate, Gorakhpur are set aside. The Committee of Management elected on 16-6-2000 shall be entitled to continue and to hold fresh elections. Since its extended term is going to end on 16-6- 2003, it will have right to hold fresh elections in accordance with the Bye-laws. The reliefs claimed in the Writ Petition No. 14216 of 2003 were dependent upon the result of the Writ Petition No. 742 of 2003. Since the said earlier Writ Petition namely 742 of 2003 has been allowed, and elections held on 16-6-2000 have been held to be valid, the reliefs claimed in Writ Petition No. 14216 of 2003 have become infractuous. The Writ Petition No. 14216 of 2003 is, accordingly, dismissed. There shall be no orders as to costs. W. P. No. 742 allowed and 14216 dismissed. .