COMMITTEE OF MANAGEMENT Vs. STATE OF U.P.

JUDGEMENT

(1.) This writ petition has been filed by Shri Hradyesh Kumar claiming himself to be the Manager of the Committee of Management of Shri Ram Ratan Vidyalya, District Mainpuri. The Committee is of a registered society of the same name constituted under the Societies Registration Act, 1860 and which according to the petitioner has been renewed from time to time and the last renewal was made for a period of five years on 25th October, 2010, admittedly at the instance of the respondent No. 4, who was the then Manager.

(2.) The dispute arose on account of rival claims of elections set up by the petitioner No. 2 and the respondent No. 4. The undisputed facts between the parties is that on 30th September, 2008 the last elections were held in which one Shri Hakim Singh was elected as the President and the respondent No. 4 was elected as the Manager.

(3.) Thereafter, the petitioner alleges that the respondent No. 4 himself issued an agenda on 18.8.2011 for holding of a fresh elections that were held on 28.8.2011 in which the petitioner No. 2 came to be elected as Manager with some old office bearers and with some new members of the Committee of Management. It is also alleged by the petitioner that the said election, which was ratified by the General Body on 15th September, 2011, the same was submitted before the Deputy Registrar for registering the list of office bearers on 23.9.2011. The petitioner further relies on the affidavit of the respondent No. 4, which is alleged to have been filed along with an application by the petitioner before the Deputy Registrar indicating that the respondent No. 4 did not participate in the elections dated 28.8.2011 nor was he ever elected. The said affidavit, which is at page 62 of the paper book also recites that the respondent No. 4 was a special member, which he has seized to be such at present. Relying on these documents the petitioner prayed for the registration of the list of the office bearers, who had been allegedly elected on 28.8.2011.