COMMITTEE OF MANAGEMENT, SHIKSHA PRASAR SAMITI, HARPUR, TEHSIL KADIPUR, DISTRICT SULTANPUR AND ORS. Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) By means of this writ petition, the petitioner has prayed for quashing the order dated 14.3.2016 passed by Deputy Registrar, Firms, Societies & Chits, Faizabad Region, Faizabad as contained in annexure no. 1 to the writ petition, whereby election of the Committee of Management of the Society dated 8.7.2015 submitted by opposite party no. 4 was recognized in his favour. The petitioner's further prayer is to restrain the opposite parties from interfering in the functioning of the petitioner's Committee of Management.

(2.) Therefore, according to the petitioner, last election of the Committee of Management of the College was held on 1.7.2012, on the basis of list of fourteen members, in which opposite party no. 4 was elected as President and the petitioner as Manager of the Committee of Management. As the term of the Committee of Management was up to 30.6.2015 as stated above, therefore, the election was held on 15.6.2015. The petitioner submitted copy of the proceeding dated 15.6.2015 before the Deputy Registrar approval. Simultaneously since renewal of the Society was to expire on 27.7.2015, petitioner submitted an application dated 31.7.2015 along with requisite fee for its renewal. It has further been averred that opposite party no. 4 also submitted election proceedings dated 8.7.2015 to the Deputy Registrar along with application for renewal of the Society. At this stage, it appears that two rival claims with regard to election proceedings on two different dates have been filed before the Deputy Registrar.

(3.) As soon as the petitioner came to know that opposite party no. 4 also submitted another election proceedings dated 8.7.2015, they moved application on 21.7.2015 before the Deputy Registrar requesting him that cognizance should not be taken on the papers submitted by opposite parties no. 4.