ABDUL HASAN QURESHI AND OTHERS Vs. ADDITIONAL DIRECTOR OF EDUCATION (BASIC), VII REGION, GORAKHPUR AND OTHERS

JUDGEMENT

(1.) The petitioners seek quashing of the impugned orders dated 28.11.1987 and 30.7.1988 passed by the respondents 2 and 1 respectively (Annexures 10 and 12 respectively to the petition) and further pray that the operation of the aforesaid orders be stayed and that the respondents Nos. 1,2 and 3 be restrained from interfering in any manner with the functioning of the petitioners in the entire affairs and management of the society and of its two institutions.

(2.) The facts, in brief, are that the society; "The Azamgarh Quraish Educational Society, Jalandhari, Azamgarh" is registered under the Societies Registration Act and has as its own by laws. It is averred that the society runs two institutions which being on the Grant-In-Aid List, receive grants from the State Government. The names of the two institutions run by the society are : (i) Quraish Junior High School, Jalandhari Azamgarh and (ii) Madarsa Islamia Jamitul-Quraish, Chak Moazzam, Majnupur, Kandharapur, Azamgarh. In para 5 of the petition, it is alleged that vide resolution dated 5.10.1986, a decision was taken to hold election of the general body of the society. In para 8 of the petition, it is averred that a meeting was called on 21.6.1987 in which it was decided that the election of the society shall be held on 26.7.1987. In para 13 of the petition, the petitioners contended that the election had been held on 26.7.1987 in accordance with the bye laws of the society. Annexure 9-A is said to be the election proceedings. According to the bye was, it is said by the petitioners that the President and Secretary were for whole life and the election was held only for the remaining office bearers of the committee of management of the society. In para 10 of the petition, it is contended that the respondent No. 3 set up a counter claim for having become the Secretary of the committee of management of the respondent Secretary of the committee of management of the society. The case of the petitioners is that the respondent No. 3 was not even a member of the society and his application for becoming a member had been rejected by the General Body of the society twice and that no valid election ever took place electing him as the Secretary of the society. In para 18 of the petition, the petitioners say that the Zila Basic Shiksha Adhikari, Azamgarh (respondents No. 2) acting upon forged election proceedings devised by the respondent No. 3 illegally recognised the latter as the Secretary of the society and Manager of both the aforesaid institutions by the order dated 28.11.1987, Annexure 10 to the petition. As per election proceedings dated 26.7.1987, Annexure 9-A to the petition, Abdul Hasan Qureshi and Dr. Fakhre Alain were elected as Joint Secretaries besides to her members of the committee of management and in addition to them Mohammad Usman and Hafiz Mohammad Husain Qureshi were life President and life Secretary respectively.

(3.) It is to be importantly noted that the para 25 of the petition, the petitioners contended that an appeal had been filed by them before the Additional Director of the Education (Basic) VII Region Gorakhpur on 6.1.1988 against the impugned order dated 28.11.1987, Annexure 10 to the petition, passed by the respondent No. 2. This contention is seriously disputed by the respondent No. 3, inasmuch as according to him no appeal was filed by the petitioners against the order dated 28.11.1987, Annexure 10, but by the respondent No. 4, whom the petitioners claim as life Secretary of the society. According to the petitioners when the appeal purportedly filed by them, was not decided by the respondent No. 1, they field a Writ Petition No. Nil of 1988, Abdul Hasan Qureshi Vs. State of U.P. and others, which was dismissed by a Division Bench of this Court by the order dated 9.3.1988, Annexure 10-A to the petition. By this order, the petition was dismissed but the Director of Education (Basic) before whom the petitioners allegedly filed their representation, was directed to dispose of the said representation within six weeks from the date of presentation of a certified copy of the Court's Order After hearing the concerned parties. Thereafter, the respondent No. 1 passed the impugned order dated 30.7.1988, Annexure 12 to the petition upholding the order of tire respondent No. 2 recognising the respondent No. 3 as the Secretary of the society.