(1.) MADAN Mohan Malviya Shiksha Samiti, Bhatpur- Rani, Deoria is a registered society under the Societies Registration Act (herein-after referred to as the society). The society runs several educational institutions including MADAN Mohan Malviyd Post Graduate College, which is affiliated to Gorakhpur University and Mahamana MADAN Mohan Malviya Sanskrit Maha Vidyalaya affiliated to Sampurnanand Sanskrit Vish Vidyalaya, Varanasi. Apart from the above two institutions, there are Intermediate Colleges, High School, Ayurvedic Medical College and Primary School, which are run by the society. The society has its own bye laws, which provides for constitution of committee of management for the society and the various educational institutions run by it.
(2.) IT is admitted to all the parties that election of the committee of management was held on 12-6-1983 in which Sri Keshav Chandra Misra was elected as manager/Secretary. After the death of Sri Keshav Chandra Misra there came into existence two factions in the society, one was led by Sri Bhartendu Misra and the other by Sri Raghuraj Singh. The third faction led by Dr. Jagjit Malviya also came into existence in the society later on According to Sri Bhartendu Misra on 9-1-1988 the committees of management of various educational institutions held their meeting in which Dr Jagjit Malviya was authorised to act as the manager of Madan Mohan Malviya Post Graduate College and Sri Bhartendu Misra as manager of the other remaining institutions, On the other hand the case of Raghuraj Singh is that in the meeting held on 5-1-1988 he was elected manager/secretary. IT appears that the aforesaid dispute was taken to the Vice-chancellor of Gorakhpur University, who directed a fresh election in order to resolve the disputes created by the conflicting claims set up by different factions, Thereafter all the three factions of the society set up three different dates of the election The claim of Raghuraj Singh was that 01 25-12-1988 Sri Sri Kant Singh and Sri Raghuraj Singh were elected as the President and the manager respectively, The case set up by Sri Bhartendu Misra was that on 15-12-1988 Sri Ram Lakhan Singh and Bhartendu Misra were elected as the President and the manager respectively. The third faction of Sri Jagjit Malviya set up the case that on 11-12-1988 Sri Pirthwiraj Singh and Sri Jagjit Malviya were elected as President and manager respectively; As the managing committee of the affiliated college has got to be recognised by the University, different factions approached the Vice-chancellor of the Sampurnanand Sanskrit Vishwa Vidyalava for recognition, who by his order dated 26-12-1989 recognised the committee of which Sri Bhartendu Misra was the manager. Against this order of the Vice-chancellor Writ Petition No. 7407 of 1990,' Committee of Management v. The Vice-Chancellor and others was filed by Sri Raghuraj Singh. Against the same order of the Vice- chancellor another Writ Petition No 3109 of 1990. Committee of Management v. Vice-chancellor was filed by Dr. Jagjit Malviya.
(3.) AS mentioned above, both these writ petitions are directed against the order dated 26-12-1989, passed by the Vice-chancellor of Sampurnanand Sanskrit Vishwa Vidyalaya, Varanasi, recognising the committee of management with Bhartendu Misra as manager. Learned counsel for the petitioners have argued that after the amendment of Statute 12.28 of the Statutes of the University in 1985 the Vice-chancellor has no jurisdiction to decide the disputes between the rival committee of management as this power has been conferred by the aforesaid Statute on the Regional Deputy Director of Education. Learned counsel for the respondents has however, contested the aforesaid submission of the learned counsel for the petitioners.