COMMITTEE OF MANAGEMENT, GHORATH SHANKARPUR, KISAN UCHCHATAR MADHYAMIK VIDYALAYA, GHORATH, DISTRICT KUSHINAGAR AND ANOTHER Vs. STATE OF U.P. AND OTHERS

JUDGEMENT

(1.) THIS writ petition has been filed on behalf of the Committee of Management, Ghorath Shankarpur, Kisan Uchchatar Madhyamik, Vidyalaya, Ghorath, Post Kubernath, District Kushinagar, which is a Society registered under the Societies Registration Act, 1860 (hereinafter referred to as 'the 1860 Act') running an institution of the level of a Junior High School, which is recognized under the U.P. Basic Education Act, 1972 for the purpose of disbursement of salary and administration of the institution. The signatures of the Manager are attested by the District Basic Education Officer.

(2.) THE petitioners have prayed for quashing of the order dated 28.12.2010 passed by the Assistant Registrar, Firms, Societies and Chits, Gorakhpur whereby all claims pertaining to the elections and registration of list of office-bearers have been rejected and it has been held that since the tenure of the Committee of Management has already expired, therefore, in view of the provisions of sub-section (2) of Section 25 of the 1860 Act, the Assistant Registrar is to proceed to hold the elections. For the said purpose, the Assistant Registrar has nominated the District Basic Education Officer, Kushinagar to proceed to hold the elections and he has further declared a list of 14 members to be the valid list from which the elections will be held excluding those who are dead.

(3.) THE contention further raised is that the declaration of such members, who were the office-bearers and members of the Committee of Management elected in 1991 is an absolutely erroneous approach and that such an electoral college, if allowed to stand, would materially affect the constitution of the Committee of Management that would be contrary to the bye-laws and against the facts on record. He, therefore, contends that the order deserves to be set aside in its entirety.