SABHAJEET PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) D. P. Singh, J. Pleadings are complete and Counsels agree that it may be disposed off finally.

(2.) JANTA Junior High School, Anapur, Dashrathpur in District Jaunpur is a duly registered society. It runs an Intermediate College in the name and style of Dwarika Prasad Higher Secondary School, Jaunpur. The Society and the institution have a common committee of management whose term, according to the scheme of administration, is three years. The last undisputed elections were held on 8-8-1993 wherein Mata Prasad and Deotadeen Pandey were elected as President and Manager. The term of the aforesaid committee of management was to expire on 7-9-1996, therefore, the petitioner held the elections on 1- 9-1996 wherein petitioner No. 2 Sabhajeet Pandey was elected as Manager and Raj Narain Mishra as President. While in another election held on 1-9-1999 Dewta Din was elected as Manager. The papers having been submitted by both the committees to the District Inspector of Schools, he referred the rival claims under Section 16-A (7) of the U. P. Intermediate Education Act, 1921 to the Deputy Director of Education. The Deputy Director of Education by an order dated 15-7-1997 held that none of the two committees were validly elected and as such it appointed the District Inspector of Schools as the Prabandh Sanchalak for holding the elections of the new committee of management on the basis of the list of 121 members. This order was challenged in Writ Petition No. 24998 of 1997 by Devtadeen. Meanwhile, the committee headed by Sri Sabhajeet Pandey, petitioner No. 2, approached the Assistant Registrar, Chits, Societies and Firms which renewed the registration certificate, in his favour and registered the name of the office bearers vide order dated 19-1-1998. This order of the Assistant Registrar was also subjected to challenge in Writ Petition No. 4267 of 1998.

(3.) THE aforesaid writ petitions are connected together but for convenience sake, Writ Petition No. 39207 of 2003 shall be the leading petition.