PRASHANT SHUKLA Vs. STATE OF U P

JUDGEMENT

(1.) By means of the present writ petition under Article 226 of the Constitution of India the petitioner has challenged the impugned order dated 13.09.2004 passed by the respondent No. 2 and the resolution of the Committee of Management dated 29th March, 2004 passed by respondent No. 3.

(2.) The brief facts of the case giving rise to the present writ petition are that there is a registered Society in the name of National Degree College, Bhongaon registered under the Societies Registration Act, 1860. It has it own bye laws and there is no dispute in this regard. The bye-laws provide that there will be eleven members of Board of Trustee and paragraph-2 provides that the trustee member of the society will cease the right of member trustee due to the death, resignation, conviction of an offence or involved in a criminal case of moral turpitude and unsoundness mind. It further provides that trustee member will cease to function if he is found to act against the interest of the institution. Paragraph -2 (iii) provides in case of death or unsoundness of mind the vacancies will be filled up by his worthy son, Paragraph 2 (iv) provides, in case of resignation or removal the vacancy will be filled up by electing a suitable person from amongst life members, if any. otherwise by any other person either a good educationist or a sympathizer with the institution.

(3.) Late Shyam Lal Shukla was the member trustee. He expired in the year 1981 causing vacancy. At that time his son Sri Santosh Kumar Shukla was engineer in the U.P. Electricity Board, therefore, he could not be appointed as member trustee and as such vide letter dated 1.12.1981, he desired for the appointment of his brother Sri Ram Autar Shukla as a member trustee. On 13.12.1981. Committee of Management has passed resolution in which it has been resolved to appoint Sri Ram Autar Shukla as a member trustee in place of late Shyam Lal Shukla. Sri Ram Autar Shukla died on 13.11.2003 causing vacancy. Petitioner being the son of late Ram Autar Shukla moved an application dated 3rd March. 2004 for being nominated as member trustee as per Clause (2) (iii) of the byelaws. It is alleged that since no heed was taken by the members of the Board, therefore, petitioner moved an application before the Assistant Registrar Societies. Agra on 13.4,2004 through speed post. On the application of the petitioner, notices were issued to the Secretary and the reply was sought. Secretary has submitted the reply on 16.6.2004. In the reply. Secretary has annexed the resolution dated 29th March. 2004 in which it has been stated that the application of the petitioner moved for the nomination of member of trustee has already been rejected by the resolution of the Board of Trustee dated 29th March. 2004. On the consideration of the claim of the petitioner and the reply of the Secretary., the Assistant Registrar vide impugned the order dated 13.09.2004 rejected the claim of the petitioner and allowed Sri Santosh Kumar Shukla to be the member of the trustee.