COMMITTEE OF MANAGEMENT GRAMYA VIKAS UCHATTAR MADHYAMIK VIDYALAYA SAMITTEE KHUTHAN DISTRICT JAUNPUR Vs. STATE OF U P

JUDGEMENT

(1.) The question required to be answered in this writ petition is as to whether the reliance can be placed on the list of members which does not stand certified by the Registrar under provisions of the Registration of Society Act 1860.

(2.) In order to determine the controversy involved in this writ petition, the facts of the case are noted below:-

(3.) Periodical elections have been held from 1986. Strength of the electoral college in the year 1980 comprises of 110 members. Election of 1992 was held on the electoral college of 106 members as between 1989 to 1992 four members had expired. Election of 1995 was held on the strength of 95 members as during the period 1992 to 1995 eleven members had expired. The dispute seems to have arisen with respect to the strength of the electoral college in the year 1995. On the strength of the electoral college, election was held on 1.7.1995 and the committee of Management with Basdev Tiwari as President and Laxmi Shanker Yadav as the Manager was constituted. Another election was held in the year 1998 on the strength of 98 members. Rival claim was submitted by Hari Nath Yadav, who claim to be elected as Manager on the strength of 127 members. In view of the rival claims raised proceedings were initiated by the Assistant Registrar who vide his order dated 13.09.2001 proceeded to discard both the elections on the premises that the term of the Committee of Management had expired. The power under Section 25(2) of the Societies Registration Act 1860 was invoked for holding fresh elections by the Assistant Registrar. Another order was passed by the Assistant Registrar dated 13.11.2001 holding that fresh election is to be held on the basis of the strength of 106 members as existed in the year 1992. This order was accompanied by a list of 106 members.