COMMITTEE OF MANAGEMENT Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner, Committee of Management of a Junior High School; Mahila Udyog Mandir Junior High School has preferred this writ petition through the petitioner no. 2 Sri Akhiesh Kumar Mishra, who claims as a Manager of the Committee of Management of the said Institution.

(2.) THE petitioner is aggrieved by the order dated 20.01.2014 passed by the District Basic Education Officer, Allahabad -respondent no. 2 herein, whereby he has refused to recognize the election of his faction dated 06.04.2012 and consequently rejected the representations of the petitioners dated 06.06.2013 and 27.09.2013.

(3.) A reference was made by the Registrar under Section 25(1) of the Act, 1860 to the Prescribed Authority in respect of the office bearers of the Society. From the record it seems that one Sri Sangam Lal Yadav was the Secretary/ Manager of the Society, who continued to hold the office till his death on 13 April, 1991. After his death it is stated that on 11.05.1991 the general body elected Sri Vishwamohan Vaidya as the Secretary/ Manager. It is stated that a notice was issued to hold the meeting of the Management to consider the allegations against Sri Vishwamohan Vaidya and Sri Murli Manohar Pathak that their functioning is detrimental to the interest of the Society and on the date fixed 06 September, 1992 both were expelled from the membership and in his place the petitioner no. 2 was elected as Manager/ Secretary. The Prescribed Authority recognized the petitioner no. 2 as the Manager/ Secretary of the Society by order dated 23.06.1997. A copy of the order of the Prescribed Authority is annexure -1 to the writ petition.