TAYYAB Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS is a bunch of three special appeals directed against the judgment and order dated 24.2.2014 passed in separate Writ Petitions No. 7474 of 2014, 7634 of 2014 and 7727 of 2014, which were all filed against the order dated 29.1.2014 passed by the Election Officer. The dispute in the present appeal is with regard to the election process for electing the members of the Managing Committee of the Azamgarh Muslim Education Society, Azamgarh (hereinafter referred to as the 'Society'), which runs two prestigious colleges, namely, Shibili National P.G. College, Azamgarh (hereinafter referred to as the 'PG College') and Shibli National Inter College, Azamgarh (hereafter referred to as to the 'Inter College').

(2.) THE last elections of the Managing Committee of the Society as well as of the two Institutions were held on 30.1.2011, which were in terms of the directions issued by the Division Bench of this Court in Special Appeal No. 1736 of 2010. In the said elections held in the year 2011, there were 699 members of the general body of the society. It is not disputed that the general body of the society is the same as that of the two institutions. In terms of the said elections held on 30.1.2011, there were 18 members elected for the Managing Committee of the Society and 18 separate members of the Managing Committee of the PG College, Azamgarh and 17 members of the managing committee of the Inter College, Azamgarh. The said elections were held by the Court appointed Additional District Judge as the Election Officer. No dispute with regard to the said elections was raised by any of the parties.

(3.) PURSUANT to the said order, the District Judge appointed Sri Jai Prakash, Additional District Judge to function as Election Officer for conducting the elections of the Managing Committee of the society as well as of the two institutions. Then, on 13.1.2014 an order was passed by Sri Jai Prakash, Additional District Judge, Azamgarh (functioning as Election Officer) wherein it was noted that he had been appointed as Election Officer by the District Judge vide order dated 8.1.2014. It was also noted in the said order that Dr. Z. Alam (respondent No. 4 in this appeal), Mohd. Tayyab (appellant), Ashraf Gaznavi (respondent No. 13 in this appeal) had filed applications dated 24.12.2013, 6.1.2014 and 1.1.2014 respectively and had filed their list of members of the society. A direction was given to handover the respective lists to each other within three days and if anybody was aggrieved with the said list, they may file an objection within a week. The applicants were also directed to supply the Bye -laws of the society, the Rules and Scheme of Administration within a week to the Election Officer, so as to enable him to determine the electoral college. Then on 20.1.2014, the Election Officer issued notice to Sri Ashraf Gaznavi as Vice -President of the Society to submit the list of members of previous elections of the society and also inform as to how many such members had died and how many new members had been substituted in place of the dead persons. Then on 23.1.2014, the said Sri Ashraf Gaznavi wrote to the Election Officer that beyond 699 members, 239 members had been inducted vide resolution dated 2.12.2013, who may be included in the electoral college.