JUDGMENT By the Court.—Heard Sri. V.P. Shukla learned counsel on behalf of the appellant-petitioner. 2. This Special Appeal under Chapter VIII Rule 5 of the High Court Rules has been filed against the judgment and order of the Hon’ble Single Judge dated 26.5.2015 passed in Writ Petition No. 31185 of 2015. 3. Facts in short as brought on record by the appellants in the appeal are as follows : Mahila Vidya Prachar Samiti, Bahadur Ganj, Prayag, Allahabad is a society duly registered under the Societies Registration Act. Last elections of the office bearers of the society had taken place in the year 1981 in which Smt. Chandravati Devi Sharma was elected as Secretary and Rjeshwar Prasad Mishra was elected as the President. It is stated that after 1981, no valid elections of the officer bearers of the society have taken place. Reference is made to the order dated 30.3.1993 passed in Writ Petition No. 3229 of 1993 asking the Registrar to take a decision with regard to the office bearers of the society as well as to the order of the Registrar dated 26.5.1993, whereunder he directed that fresh election may be held from amongst founder members of the society. 4. It has been stated that the claim of respondent No. 4 in respect of the elections set up was rejected and he was held not to be a primary member of the society. Against the said order, Writ Petition No. 104 of 2001 was filed which was dismissed on 26.3.2014. Therefore, the order of the Registrar has become final. It is also stated that Commissioner Allahabad Division, Allahabad vide his order dated 2.5.2008 had set aside the order of the Assistant Registrar whereunder the renewal of the Registration Certificate of the Society was directed to be handed over to respondent No. 4, against which order Writ Petition No. 65095 of 2009 is said to have been filed and is stated to be pending. The Assistant Registrar under order dated 2.6.2010 has made observations that the society has become unregistered in view of Section 3-A(5) of the Societies Registration Act. 5. On the said allegations the petitioner filed the writ petition giving rise to this appeal with a prayer for a writ of mandamus being issued commanding the respondents-authorities specifically Registered Firms, Societies and Chits, U.P Lucknow to get fresh elections of the office bearers of the society held. 6. 5. On the said allegations the petitioner filed the writ petition giving rise to this appeal with a prayer for a writ of mandamus being issued commanding the respondents-authorities specifically Registered Firms, Societies and Chits, U.P Lucknow to get fresh elections of the office bearers of the society held. 6. The Hon’ble Single Judge under the order impugned dated 26.5.2015 has dismissed the writ petition after recording that since the petitioner claims to represent the society as secretary, the society can hold its own election and, therefore, the prayer as made, cannot be granted. 7. In our opinion, the Hon’ble Single Judge has failed to take note of Section 25(2) of the Societies Registration Act which provides that once the terms of the Committee of office bearers has expired and fresh elections have not been notified, then it is the Registrar alone who can get fresh elections held. 8. We are not expressing any final opinion on the aforesaid aspects of the matter but we are definitely of the view that in the facts of the case a response from the respondents was called for and the writ petition could not have been dismissed at the admission stage ex parte. 9. In the totality of the facts and circumstances of the case, we hold that the judgment and order of the single Judge which is legally not sustainable. The order dated 26.5.2014 is hereby quashed. The appeal is allowed. The writ petition is restored to its original number. 10. Let the writ petition be listed before the concerned Court in the first week of July, 2015 for consideration afresh. ———————