KANAK SINGH Vs. STATE OF U P

JUDGEMENT

(1.) These two petitions have been filed by Kanak Singh claiming himself to be the President of the Committee of Management, Kisan Post Graduate Degree College, Simbhaoli, District Panch Sheel Nagar which is a society registered under the Societies Registration Act, 1860.

(2.) The dispute began with a complaint made by one Rahul Singh claiming himself to be the Secretary of the Society who alleged that in view of the judgment of the High Court dated 17.2.2009 in Writ Petition No. 30664 of 2006 the petitioner will be presumed to have been convicted in an offence involving moral turpitude and therefore in view of the provisions of Section 16-A of the 1860 Act read with Clause 7(a)(iii) of the Bye-laws of the society, the petitioner is disqualified to hold the office of President of the Society. The Deputy Registrar has proceeded to entertain the said complaint and has accordingly passed the impugned order dated 5th July, 2012 holding the petitioner to be disqualified in the terms aforesaid and therefore not entitled to continue as President of the Society any longer.

(3.) As a consequence of the passing of the said order and a resolution to that effect of the Committee of Management dated 25th June, 2012 which is also to the same effect, the Vice Chancellor on 10th July, 2012 has passed an order approving the resolution of the Committee of Management against the petitioner Kanak Singh which has been communicated by the Assistant Registrar Affiliation on 12th July, 2012. The said communication has been challenged by the petitioner Kanak Singh in the second writ petition, namely Writ Petition No. 37820 of 2012 where a prayer has also been made to quash the resolution in the meeting dated 25th June, 2012.