TEJ PAL SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS writ petition has been filed by three individuals out of whom petitioner no. 1 is reported to have died. The other two petitioners, namely, Pyare Lal and Onkar Singh, are the only surviving members of the General Body, who were called upon to function as an Ad -Interim -Committee under the orders of the Joint Director of Education and to proceed to enrol fresh members in order to constitute the Committee of Management.

(2.) THE aforesaid exercise was necessary, inasmuch as, in a dispute with regard to the constitution of the management, it finally came to be concluded that only five members of the General Body were alive, and in such a situation, unless the number of the members of General Body is increased, the Committee cannot be constituted which has to have at least 12 elected members and office bearers. It is in this background that the authorities proceeded to pass orders.

(3.) ON the basis of above, counsel for the petitioner contends that it is the existing members of the general body, who are empowered and entitled to induct new members in case of shortage of members in electing the committee of management.