RAM VEER SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This writ petition has been preferred by 5 life members of a society, namely, Shiksha Prasar Samiti, Kapsarh, Sardhana District Meerut, for quashing of the order dated 31st October, 2011 passed by the District Inspector of Schools, Meerut, the respondent no. 3, whereby he has recognised the election of office-bearers of the respondent no. 4, Committee of Management of Janta Adarsh Inter College, Kapsarh, Meerut.

(2.) Shorn off unnecessary details, the brief facts are that Shiksha Prasar Samiti, Kapsarh, Sardhana, District Meerut (for short, the "Society") is a society registered under the Societies Registration Act, 1860, as applicable in Uttar Pradesh. It has established an Intermediate College, namely, Janta Adarsh Inter College, Kapsarh, Meerut (for short, the "Institution"), which is a recognised institution and is governed by the provisions of the Uttar Pradesh Intermediate Education Act, 1921 and the Regulations framed thereunder.

(3.) The Institution has its approved Scheme of Administration, which regulates its affairs in respect of constitution and election of the Committee of Management, various categories of Members, duties and responsibilities of the office-bearers, election process, etc.. The Society, which has established the Institution, has its bye-laws, which governs the affairs of the Society. It is stated that the General Body of the Society and the Institution is the same and one. From the records, it transpires that a dispute arose in respect of membership of the Society which resulted in filing of two writ petitions, being Civil Misc. Writ Petition Nos. 27970 of 2003 (Malwa Singh v. Deputy Registrar, Firms, Societies and Chits, Meerut and others) and 37082 of 2003 (Committee of Management, Janta Adarsh Inter College and another v. State of U.P. and others) before this Court. Writ Petition No. 27970 of 2003 was decided by this Court vide order dated 17th December, 2004, whereby Regional Level Committee was directed to record specific findings as to three points regarding the election held on 11th July, 2003. The second writ petition i.e. Writ Petition No. 37082 of 2003 came to be decided by this Court vide judgement dated 15th April, 2005, whereby a direction was issued for fresh adjudication by the Deputy Registrar, Firms, Societies and Chits for finalisation of the voters' list with reference to the approved Scheme of Administration. Against the aforesaid two orders dated 17th December, 2004 and 15th April, 2005 passed in the above-mentioned two writ petitions, two special appeals, being Special Appeal No. 577 of 2005 (Shiv Kumar v. Mr. Malwa Singh and others) and Special Appeal No. 201 of 2005 (Committee of Management and another v. State of U.P. and others) respectively, were filed. Both the special appeals were disposed of by a common judgement and order dated 05th August, 2005 and further a direction was also given that the Deputy Registrar shall give due weigh to the admission stated to be made by Sri Malwa Singh in regard to the eligibility of 38 members in Shiv Kumar's group and it was left open to the Deputy Registrar to proceed on the basis of the admission and give it due value.