BHUPENDRA TYAGI Vs. STATE OF U P

JUDGEMENT

(1.) The petitioners, 36 in number, who claims themselves to be the life members of the A.S. Degree College Association, Mawana, Meerut, are challenging the order dated 15.9.2011, passed by the Prescribed Authority upholding the election held on 15.11.2009 in which Dr. Naresh Chandra was elected as the Secretary/Manager.

(2.) There is a society, named as A.S. Degree College Association, Mawana, Meerut, registered under the Societies Registration Act, 1981. The term of the committee of management of society is three years. The election of the society held time to time in accordance to the scheme of administration. Dr. Naresh Chandra is the Secretary of the Association since 1997. The last election, prior to the disputed election, was held on 31.12.2006, which has been duly approved by the Prescribed Authority by its order dated 15.5.2007 and the election of 2006 has been held as genuine and correct. There is no dispute about this election. In this election, Dr. Naresh Candra was elected as the Secretary/Manager. The term of the committee of management was to expire on 31.12.2009. The committee of management of Dr. Naresh Chandra claimed that the election was held on 15.11.2009 in which he was elected as the Secretary. The list of the office bearers of the committee of management, constituted in the election held on 15.11.2009, has been registered by the Deputy Registrar, Firms, Chits and Societies, Meerut, under Section 4 of the Act on 23.11.2009. The petitioners, Bhupendra Tyagi and others filed a complaint before the Deputy Registrar on 22.12.2009 and 26.12.2009 on which the Deputy Registrar sought the reply from the Secretary of the committee of management. Reply was filed on 24.2.2010. Again Bhupendra Tyagi filed a complaint on 19.4.2010 on which again Deputy Registrar sought the reply from the Secretary of the committee of management. The reply was filed on 30.5.2010. It appears that the Vice Chancellor, Chaudhary Charan Singh University, Meerut, vide letter dated 13.5.2010 has approved the committee of management formed in the election held on 15.11.2009, which has been kept in abeyance on the complaint of Bhupendra Tyagi, vide order dated 1.6.2010, against which Dr. Naresh Chandra filed Writ Petition No. 34019 of 2010. This Court, vide order dated 16.6.2010 has stayed operation of the order dated 1.6.2010 and directed the Deputy Registrar to decide the complaint within six weeks. In pursuance of the order of this Court, the Deputy Registrar, vide order dated 31.7.2010, rejected the complaint of Bhupendra Tyagi and has upheld the approval of the committee of management. Against the said order, Bhupendra Tyagi and others filed Writ Petition No. 48540 of 2010. This Court, vide order dated 13.8.2010, has referred the matter to the Prescribed Authority under Section 25(1) of the Act. However, till the order of the Prescribed Authority, the committee of management has been allowed to continue. In pursuance of the aforesaid order of the High Court, the Prescribed Authority passed the impugned order dated 15.9.2011 upholding the election held on 15.11.2009 as valid and the complaints have been rejected.

(3.) Being aggrieved by the impugned order dated 15.9.2011, the present writ petition has been filed.