RAM SEWAK GIRI Vs. STATE OF U P

JUDGEMENT

(1.) Jan Vikas Shiksha Prasarini Samiti, Jungle Babban Bhaura Bari, Gorakhpur is a registered society under the provisions of the Societies Registration Act, 1860. It runs an Intermediate College in the name of Jawahar Shiksha Niketan Intermediate College, Jungle Babban Bhaura Bari, Gorakhpur (hereinafter referred to as 'the institution'). It is governed by a duly approved scheme of administration, whereunder, the term of the Committee of Management is five years. The Committee of Management is elected from the General Body of the society. The last undisputed elections of the Committee of Management were held on 11.1.2000, in which one Chunni Lal Srivastava was elected as President, Smt. Mani Raj Shukla as Manager and Sri Kaushlesh Dhar Mishra as Secretary. Smt. Mani Raj Shukla is alleged to have resigned from the post of Manager in the year 2000 itself and in her place, petitioner no.2 Rishabh Deo Shukla claims to have been elected as Manager. He was recognised as Manager by the order of Joint Director of Education, 7th Region, Gorakhpur dated 10.4.2002. Challenging the said order, Smt. Subhawati Devi filed Writ Petition No.47085 of 2002 in which no interim order was granted. It was followed by filing of Original Suit No.851 of 2002 by one Prahlad, a member of General Body for a direction to get the elections of the office bearers held. During the pendency of the said suit, fresh elections were allegedly held on 11.01.2003 and consequently, the parties entered into compromise in the civil suit and it was decreed in terms thereof. However, District Inspector of Schools by order dated 16.4.2003 refused to approve the said elections on the ground that these elections were held in the absence of observer. Further, direction was issued to hold fresh elections within two months, failing which, the Committee of Management will be dissolved and authorised controller will be appointed. Aggrieved by the said order, the petitioners filed Writ Petition No.20184 of 2003, in which an interim order was passed on 9.5.2003, whereby, direction contained in the order of District Inspector of Schools dated 16.4.2003, was stayed. Simultaneously, the petitioners claim to have submitted the list of office bearers elected on 11.1.2003 before the Assistant Registrar, which was registered by him on 21.3.2003. The case of the petitioners is that as a result thereof, they continued to function and held fresh elections in January, 2008. However, it is not disputed that the said elections were neither recognised by the Educational authorities nor by the Assistant Registrar.

(2.) On the other hand, Smt. Subhawati Devi set up an election in the year 2005 on the ground that the last elections were held in 2000 and the term of the said Committee came to an end after 5 years i.e. in the year 2005. The District Inspector of Schools did not pass any order on the elections so set up by Smt. Subhawati Devi and she, thus, filed Writ Petition No.54357 of 2006 for a direction to the Regional Level Committee to pass appropriate orders on the papers submitted by her. The writ petition filed by Smt. Subhawati Devi was disposed of on 27.9.2006 with a direction to the Regional Level Committee to decide the matter. In pursuance thereof, the Regional Level Committee by order dated 14.5.2009 refused to recognise the elections dated 13.2.2005 set up by Smt. Subhawati Devi and further directed District Inspector of Schools, Gorakhpur to hold elections of the Committee of Management of the institution as per provisions of approved scheme of administration from amongst the General Body of the society. The aforesaid order of the Regional Level Committee was not challenged by any party and it attained finality.

(3.) It seems that since there was direction by Regional Level Committee to conduct elections of the Committee of Management of the institution from the General Body of the society and, therefore, the District Inspector of Schools vide its letter dated 23.3.2010 followed by letter dated 6.6.2010 requested the Assistant Registrar to provide a copy of the list of the members of the General Body of the society. The Assistant Registrar issued notices to the parties and directed them to produce the relevant documents in support of their respective cases. The petitioner no.2 presented proceedings of election dated 11.01.2008 before the Assistant Registrar and also a list comprising of 36 persons to be the members of the General Body of the society. On the other hand, Sri Chunni Lal Srivastava, who was claiming himself to be the President alongwith Smt. Subhawati Devi as Manager of the Committee of Management of the institution, raised objections before the Assistant Registrar to the effect that hearing in the matter should be deferred in view of pendency of several writ petitions before this Court. Further, he filed a list of 16 persons purporting to be the members of the General Body of the society. The Assistant Registrar refused to defer the proceedings and by order dated 8.4.2011 held that at present, there is no validly elected Committee in existence and, therefore, fresh elections are to be held under Section 25 (2) of the Societies Registration Act, 1860 (hereinafter referred to as 'the Act'). For the said purpose, the Assistant Registrar, Gorakhpur authorised District Inspector of Schools, Gorakhpur to hold the elections of the Managing Committee of the society. By the same order, the Assistant Registrar also determined the electoral college for holding the elections. He came to the conclusion that neither the list of 16 members submitted by Chunni Lal Srivastava nor of 36 members submitted by the petitioner no.2 can be recognised as valid. It was held that the electoral college shall comprise of the persons, who were there in the Managing Committee elected on 11.1.2000 (which is not in dispute) and the Managing Committee of the year 2002-2003 registered on 21.3.2003. Accordingly, he came to the conclusion that the General Body comprises of 12 members and the said list was marked as Annexure 'Ka' and was forwarded to District Inspector of Schools for holding elections on the basis thereof.