COMMITTEE OF MANAGEMENT ADARSH MAHABIR JUNIOR HIGH SCHOOL SAMITI Vs. ASSISTANT REGISTRAR FIRMS SOCIETIES AND CHITS

JUDGEMENT

(1.) Heard counsel for the parties and perused the record.

(2.) By means of this petition the petitioner challenges the order dated 20.11.2001 passed by respondent No. 1 holding that previous election of the Committee of Management of Adarsh Mahabir Junior High School Samiti were held beyond time hence invalid and directed that fresh election be held. He also annexed a list of voters for the election. The petitioner challenges his order as without jurisdiction.

(3.) According to writ petition there is a society known as Adarsh Mahabir Junior High School Samiti, which has a school known as Adarsh Bajarang Junior High School, Rampur. It was registered under Societies Registration Act on 15.7.1986. According to bye-laws the election of office bearers has to take place every 5 years. There is no separate Committee of Management for school. The elections were held on 14.7.1994, 13.7.1996 and lastly on 8.7.2001 before expiry of 5 years. In all these elections petitioner No. 2 Sri Lalji Dubey is said to have been elected as Manager. It is further asserted that the petitioner No. 2 filed result of the election in time and filed list of office bearers along with necessary documents and each time the registration of society was done for 5 years. Last renewal being of 15.7.2001. It is further stated that Sri Pal Pandey member of society was expelled from Society on 25.7.1995,