RADHEY SHYAM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner claims himself to be a Life Member of General Body of a Society, which has established an educational institution known as Ballabh Bhai Patel Inter College, Gangpur, Chunar, District Mirzapur (for short, the "Institution"). He is aggrieved by the order of the Joint Director of Education, Vindhyachal Region, Mirzapur dated 29th August, 2009, whereby he has determined the electoral roll of the Institution.

(2.) BRIEFLY stated, the facts are that there is a Society which has established the Institution. The Institution has a duly approved Scheme of Administration. The dispute arose in respect of membership of the General Body in the year 1998 and the Joint Director of Education had appointed the Authorized Controller. It appears that the Authorized Controller determined the electoral roll of the Institution after inviting objections and on 06th March, 2009 he finalized the list comprising of 1015 members. Some of the Members filed a representation before the Joint Director of Education, Mirzapur, who on 02nd April, 2009 directed the Authorized Controller/ District Inspector of Schools to hold an enquiry and finalize the list of valid members. The District Inspector of Schools/Authorized Controller again vide order dated 20th April, 2009 reiterated his earlier order holding that 1015 members are valid members. A copy of the said order of the Authorized Controller/ District Inspector of Schools dated 20th April, 2009 is on the record as annexure -5 to the writ petition. Against the said order of the Authorized Controller, an appeal was filed before the Joint Director of Education by two members. The Joint Director of Education, after hearing the parties concerned, vide his order dated 29th August, 2009 found that there are 551 members, who had participated in the election of 1986. Aggrieved by the order dated 29th August, 2009 this writ petition has been filed.

(3.) IN the instant writ petition, on 17th September, 2009 this Court directed the parties to exchange their affidavits and further directed that any election held in the meantime shall be subject to the decision of the writ petition.