COMMITTEE OF MANAGEMENT, MANAV SHIKSHA SAMITI, PRAKASH NAGAR, SANGIPUR, SORAON, DISTRICT ALLAHABAD Vs. JOINT DIRECTOR OF EDUCATION, ALLAHABAD REGION, ALLAHABAD AND OTHERS

JUDGEMENT

(1.) MANAV Shiksha Samiti Prakash Nagar, Sangipur, Soraon, District Allahabad is a society duly registered under the Societies Registration Act, 1860. The aforesaid society has established an institution in the name and style of Gayatri Devi Madhyamik Vidyalaya, Sanginpur, Soraon, Allahabad There was a dispute with regard to the rival office bearers of the society as well as of the Committee of Management of the institution run by it resulting in filling of the Civil Misc. Writ Petition No. 4938 of 1997, which was allowed by means of the order dated 15th July, 1998, with a direction that respondents shall not interfere in the working of the Committee of Management with Sri Data Deen Yadav as its Manager. Subsequently thereto Sri Prabhat Narain Mishra and Sri Om Prakash claiming themselves to be the President and Manager of the Committee of Management respectively filed another Civil Misc. Writ Petition No. 22879 of 2000 praying for a direction upon the Assistant Registrar, Firms, Society and Chits to hold fresh elections under Section 25(2) of the Societies Registration Act, 1860 on he ground that the last elections were held on 16th September, 1995, the term whereof expired on 15th September, 2000 (The term being five years). The said writ petition was disposed of by this Court vide judgment and order dated 7th January, 2003, whereby it was directed that the petitioner may make a representation before the Assistant Registrar with reference to the provisions of Section 25(2) of the Societies Registration Act, 1860 and the Assistant Registrar was directed to pass appropriate orders thereon taking into consideration as to whether any elections had been held in between. In pursuance thereof the petitioner claimed to have made a representation before the Assistant Registrar. The Assistant Registrar by means of the order dated 13th March, 2003 held that Sri Data Deen Yadav was the lawful Manager of the institution in view of the judgment and order passed by this Court dated 15th July, 1998, in Civil Misc. Writ Petition No. 4938 of 1997, without adjudicating upon the legality or otherwise of the subsequent elections pleaded by Sri Data Deen Yadav. Feeling aggrieved by the aforesaid order, the present petitioners filed Civil Misc. Writ Petition No. 13941 of 2003.

(2.) BY means of the judgment and order dated 3rd April, 2003, the Writ Petition No. 13941 of 2003 was allowed and the order passed by the Assistant Registrar dated 13th March, 2003 was quashed with a specific direction to take into consideration as to whether any valid elections have been held after 1995 or not and further as to whether the claim of respondent No. 4 (Data Deen Yadav) in respect of the elections held in the year 2000 was legal or not. The Assistant Registrar by means of the order dated 23rd October, 2003 again held that Sri Data Deen Yadav has held valid elections on 15th January, 2000 and directed that the list so submitted may accordingly be registered. Feeling aggrieved by the aforesaid order of the Assistant Registrar, Civil Misc. Writ Petition No. 51551 of 2003 has been filed by the present petitioners, this Court by means of the order dated 3rd December, 2003 has stayed the operation of the order dated 23rd October, 2003 passed by the Assistant Registrar.

(3.) FROM the date the institution was upgraded as High School, it is not in dispute that the fresh election for constituting the Committee of Management of the institution are required to be held strictly in accordance with the approved Scheme of Administration referable to Section 16-A read with Sections 16-C/16-B/16-CCC of the Intermediate Education Act.