PRATIBHA MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioner has preferred this writ petition for issuance of a writ of certiorari to quash the order dated 23 September 2013 passed by the Regional Level Committee, whereby it has rejected the claim of 145 ordinary members and 85 life members, who were claimed to be enrolled by the petitioner in the capacity of President with the concurrence of the general body.

(2.) The foundational facts are; a society namely Nirmala Parwati Arya Kanya Sanskrit Inter College (for short, "the Society") is a Society registered under the provisions of the Societies Registration Act, 1860 (Act No. 21 of 1860). It has established an Intermediate College, Parwati Arya Kanya Inter College (for short, "the Institution"). It is recognized by the Board of High School and Intermediate Education, U.P. (for short, "the Board"). The College receives aid out of the State funds and its affairs are managed in terms of the provisions of Scheme of Administration under Section 16-A of the U.P. Intermediate Education Act, 1921 (U.P. Act No. II of 1921). A copy of the bye laws is on the record as annexure-1 to the writ petition. In compliance of the order of the Court, the petitioner has also filed a copy of Scheme of Administration alongwith the supplementary affidavit.

(3.) It is stated that the election of the Committee of Management was held on 30 March 2008. The term of the Committee of Management was five years. The petitioner claims that she was elected as President of the Society. Before the completion of the term, it was decided to enroll fresh members of the general body. Accordingly, a public notice was issued / published on 07 January 2013 in widely circulated newspaper "Dainik Badaun Shikhar" inviting applications for enrollment as members of the general body. In response to the said public notice, 56 applications were received for the enrollment as life member alongwith the requisite fee of Rs. 2,000/- and 145 applications were received for ordinary membership. All the bank drafts were deposited in Axis Bank, Budaun. The said bank account was opened for the said purpose and the petitioner declared them life member and ordinary members on 15.02.2013.