HARI NARAYAN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) One of the issues which arise for consideration in the instant writ petition is whether the ex-officio members of the committee of management envisaged by Section 16-A of the U.P. Intermediate Education Act, 1921 (The act) are entitled to vote at an election for filling up the casual vacancy of manager.

(2.) The background facts in which the controversy arose are that Rastriya Shiksha Samiti, Sirsi, Jaunpur, later came to be known as Vishwanath Singh Shiksha Samiti, Sirsi, Jaunpur is a registered society under the provisions of the Societies Registration Act, 1860. It runs an Intermediate College in the name of Rastriya Intermediate College, Sirsi, Jaunpur. It is a recognised institution under the provisions of the Act. The institution receives grant-in-aid from the State Government and consequently the provisions of U.P. Act No. 24 of 1971 are also applicable. The institution is being run in accordance with a duly approved scheme of administration whereunder the term of the Committee of Management of the institution is five years. The last election of the Committee of Management was held on 10.9.2013 in which one Babban Singh was elected as President and Ram Murti Singh as Manager. Petitioners 2, 3 and 4 were elected as members of the Committee. Babban Singh, the President died on 23.3.2014. The first petitioner claimed that he, who was President of the parent society, was also elected as President of the College by the Committee of Management on 8.6.2014 against the casual vacancy that occurred on account of death of Babban Singh. On 23.7.2015, Ram Murti Singh, the Manager resigned. This again gave rise to a casual vacancy on the post of Manager. The filling up the said vacancy is the bone of contention between the petitioners and the fourth respondent, the Deputy Manager. According to the fourth respondent, the resignation submitted by Ram Murti Singh was accepted in a meeting of the general body of the parent society held on 26.7.2015 at 11:00 a.m. and in his place, he was authorised to work as Manager until the post is filled up by regular arrangement. It was followed by a meeting of the Committee of Management of the institution held at 4:00 p.m. on the same day in which a similar decision was taken. The fourth respondent on the basis of the decision taken in the meeting held on 26.7.2015 submitted a request to the second respondent, the District Inspector of Schools for attestation of his signature as Manager for the purpose of operating the accounts of the institution.

(3.) The petitioners setup a rival claim contending that no meeting had taken place on 26.7.2015, rather a meeting of the Committee of Management took place on 4.10.2015 in which the resignation of Ram Murti Singh was accepted and in his place one Mahavir Singh, a member of the Committee was co-opted as Manager.