COMMITTEE OF MANAGEMENT Vs. STATE OF U P

JUDGEMENT

(1.) The main question involved in this special appeal is, whether the procedure of elections of committee of management of the DAV Intermediate College, Meerpur, District Allahabad (the College) prescribed in the bye-laws of the Aryan Educational Trust (the Society) is in conflict with the scheme of administration of the College.

(2.) The Society is registered under the Societies Registration Act. At present, it runs three institutions namely, a Music School, a Junior High School, and the College. It's bye-laws provide not only regarding the elections of the executive committee of the Society but also of the committees of management of different institutions run by it.

(3.) In the bye-laws of the Society, the procedure prescribed for the elections of the committees of management is a kind of indirect election. The members of the Society elect 25 member executive committee of the Society. This executive committee elects the committees of management of different institutions among themselves.