COMMITTEE OF MANAGEMENT Vs. STATE OF U.P.

JUDGEMENT

(1.) These three writ petitions pertains to the elections of the of the office bearers of the Society duly registered in the name and style of Kisan Junior High School, Mubarakpur, District Bijnor. The office bearers of the Society ipso facto become the Committee of Management of the Kisan Junior High School, an institution recognized under the U.P. Basic Education Act, 1972.

(2.) It is agreed between the parties that up to the year 2005, there was no dispute with regard to the office bearers of the Society and that one Dilip Singh was the elected Manager and Jograj Singh was the President. According to the registered bye-laws of the Society, as then applicable, the term of the office bearers was provided as three years and it was stipulated that the Mantri shall hold elections after expiry of three years of the earlier elections.

(3.) According to the faction lead by Megh Raj Singh, since the term of the elected office bearers was to expire in the year 2008, fresh elections took place on 26.01.2008. In the said elections Dilip Singh was again elected as the Manager, Megh Raj Singh was elected as the Deputy Manager and Jog Raj Singh was elected as the President. It is then stated that Dilip Singh became ill and he resigned from the post. In his place Deputy Manager (Megh Raj Singh) was authorized to act as the Manager. Dilip Singh stated to have expired on 14.01.2010 and Megh Raj Singh was elected as the Manager for the remaining term. The signatures of Megh Raj Singh were attested by the Basic Shiksha Adhikari under order dated 16.06.2009.