The Allahabad High Court has rejected the special appeal filed by Dr. Sushil Kumar Sinha in connection with the ongoing dispute over the post of President of Kayasth Pathshala Society, Prayagraj, a Society registered under the Societies Registration Act, 1860
A Division Bench comprising Chief Justice Arun Bhansali and Justice Kshitij Shailendra declined to interfere with the order of the Single Judge, holding that the appeal lacked merit.
According to the facts of the case, in the 2023 elections, Dr. Sinha was first declared elected as President on 26 December 2023. In the election proceedings, an allegations of irregularities was found, further the rival candidate approached the Assistant Registrar, leading to the reference of the dispute to the Prescribed Authority / Sub-Divisional Magistrate, Sadar, Prayagraj. Through an order dated 22 March 2025, the Prescribed Authority ordered a recounting of the entire ballot.
After the recount was conducted, the Assistant Registrar, Firms, Societies and Chits, Prayagraj, issued a fresh election certificate on 28 March 2025, declaring the rival candidate as President and cancelling the earlier certificate issued in favour of Dr. Sinha.
Challenging this action, Dr. Sinha filed a writ petition before the High Court, which was rejected by the Single Judge on 15 November 2025.
In the instant special appeal, the appellant submitted that the Assistant Registrar lacked the authority either to cancel the election or to declare a new President.
It was contended that such powers vest solely in the Prescribed Authority under Section 25 of the Societies Registration Act, 1860.
It was further submitted that, if the election were to be set aside, fresh elections should have been conducted by Assistant Registrar in terms of Section 25(2) of the Act.
Rejecting these submissions, the Division Bench noted that a statutory appeal under Section 25(1) (d) of Societies Registration Act, 1860 against the Prescribed Authority’s order dated 22 March 2025 was already pending before the Commissioner, Prayagraj and that no interim relief had been granted therein.
The Court observed that challenging only the election certificate issued by the Assistant Registrar amounted to an indirect challenge to the Prescribed Authority’s order, which was not under challenge in the writ proceedings.
The Bench also clarified that the Societies Registration Act does not provide for issuance of an election certificate as an independent statutory instrument, and that the authority to function as an office bearer flows from registration of the list of office bearers under Section 4(1) of the Act, an order which had not been challenged by the appellant in appropriate proceedings.
In the given circumstances, the High Court saw no reason to interfere with the validity of Single Judge’s order dismissing the writ petition and, accordingly rejected the special appeal.
Case: Dr. Sushil Kumar Sinha, President, Kayasth Pathshala, Prayagraj vs State of U.P. and 3 others
Date of Order: 04.02.2026
See Order: Dr. Sushil Kumar Sinha, President, Kayasth Pathshala, Prayagraj vs State of U.P. and 3 others
