AMVIKA PRASAD SINGH Vs. PRESCRIBED AUTHORITY BASTI

JUDGEMENT

(1.) THESE are three writ petitions-No. 25955/90, 2982/91 and 26346/90. The former two petitions are filed by one Ambika Prasad Singh and the latter is filed by the Committee of management, which is respondent in other two writ petitions.

(2.) IT is necessary to give resume of facts of each petition separately.

(3.) IT is stated that neither the registration fee was deposited by the petitioner nor the renewal certificate was obtained by him from the office of the Assistant Registrar about his society. The scheme of administration is said to have been amended in the year 1982. The term of committee of management became three years. There was no amendment in the year 1985 in the scheme of administration The claim of the petitioner that the registration was done in 1987 is denied. The committee of management elected on 18-5-1986 was not allowed to function for three years and three months, as much the term of the committee of management will start from the day it takes over charge and starts functioning Reliance is placed on a Division Bench judgment dated 26-4-1989 a copy where of is filed as Annexure 3 to the counter affidavit. The orders passed by the Dy. Director of Education, VII Region Gorakhpur are said to be based on misrepresentation of facts. Charges are levelled against the petitioner for embezzlement of funds. Therefore, it is stated that the petitioner is not entitled to any relief under Article 226/227 of the Constitution of India. The renewal certificate is said to have been issued in favour of the respondent on 26-10- 1990, therefore, the writ petition is said to be not maintainable in the present form.