IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 50 of 2006 (M/S) [ Haseen Khan S/o Mohd. Raza @ Nanhe Khan Adhyakash Islamiya School Samiti Moh. Kazibag, Kashipur R/o Moh. Katoratal, Kashipur, District Udham Singh Nagar. ...…………. Petitioner Versus 1. Sri Shafeeq Ahmad Ansari S/o Sri Abdul Sattar R/o Mohalla Katoratal, Kashipur, District Udham Singh Nagar. 2. State of Uttaranchal through Collector, Udham Singh Nagar. 3. Prescribed Authority / Sub Divisional Magistrate, Kashipur, District Udham Singh Nagar. 4. Deputy Registrar, Firms, Societies and Chits, Kumaun Division Haldwani (Nainital). ...………… Respondents Mr. Mohd. Azim, Advocate for the petitioner. Mr. Lok Pal Singh, Advocate for respondent No. 1. Mr. M.C. Tiwari, Addl. C.S.C. and Mr. Sudhir Kumar, Brief Holder for respondents No. 2, 3 and 4. Hon’ble Prafulla C. Pant, J. By means of this writ petition, the petitioner has sought writ in the nature of certiorari, quashing the impugned judgment and order dated 16.01.2006, passed by the Prescribed Authority / Sub Divisional Magistrate, Kashipur, in Reference Case No. 03 of 2005, State Vs. 2 Shafeeq Ahmad Ansari and others (under Section 25 of the Societies Registration Act, 1860). 2) Heard learned counsel for the parties. 3) The dispute in this writ petition relates to election of Executive Committee of Islamiya School Samiti, Kazibag, Kashipur, District Udham Singh Nagar. Petitioner claims that he has been elected as President of the Executive Committee of the Institution in an election held on 26.02.2005. On the other hand, respondent No. 1 Shafeeq Ahmad Ansari claims that he was elected President of the Executive Committee of the Institution in an election held on 24.07.2005. Both the parties placed their claims before respondent No. 4, Deputy Registrar, Firms, Societies and Chits, Kumaun Division, Haldwani, for getting approval of the Committee, on which reference was made under Section 25 of the Societies Registration Act to the Prescribed Authority / Sub Divisional Magistrate, Kashipur. Said authority, after hearing the parties, found that both the elections were illegal and directed the respondent No. 4 to hold fresh elections. 4) During arguments of this case, learned counsel for the parties agreed that the term of the Executive Committee elected in 2005, in either case, stood expired on completion of period of three years under Section 33 of the Uttarakhand School Education Act, 2006, and fresh 3 elections have already become due. As such, this writ petition has become infructuous, for the reason that even if the election of the petitioner is upheld, the term for which he has to serve has already expired. It is pertinent to mention here that under interim order dated 25.01.2006, passed by this Court, it was directed that the Management Committee which was functioning as on 16th January 2006, would continue to function, until further orders of this Court. Under the cover of said order, a Management Committee cannot be allowed to function even after the expiry of the maximum term provided under the byelaws and under the provisions of Uttarakhand School Education Act, 2006. 5) In the circumstances, this writ petition is disposed of with the observation that the prayer made in the writ petition has become infructuous, and the elections of the Executive Committee of the Institution shall be held afresh by the Deputy Registrar, Firms, Societies and Chits, Udham Singh Nagar, within a period of three months from today, in accordance with the provisions contained in sub-section (2) of Section 25 of the Societies Registration Act, 1860, as amended by the State of Uttar Pradesh, (applicable to the State of Uttarakhand). (Prafulla C. Pant, J.) Dt. September 11, 2009. H. Negi