SITA RAM TRIPATHI Vs. REGIONAL COMMITTEE

JUDGEMENT

(1.) BY means of the aforesaid two writ petitions, petitioners of both the writ petitions are challenging the order dated 23. 8. 2007 passed by the Regional Level Committee. By the aforesaid order, the Regional Level Committee has approved the Committee of Management formed in an election held on 15. 4. 2007.

(2.) THE petitioner of Writ Petition No. 43016 of 2007 claims himself to be the life long member of the General Body of the institution and claimed to have elected as Manager in the election held on 5. 5. 1994, 6. 4. 1997 and 2. 4. 2000. The petitioners of Writ Petition No. 44079 of 2007 also claimed to be the life long members of the General Body of the institution as well as the Society.

(3.) BRIEF facts of the case are that there is a Society running an Intermediate College known as Shri Swami Krishnanand Intermediate College, Belwar, District Jaunpur. The institution is duly recognized under the U. P. Intermediate Education Act, 1921 and is also governed under U. P. Act No. 24 of 1971. The institution is being run by the Committee of Management under the Scheme of Administration. It appears that the dispute arose between the two sets of the Committees one headed by Sri Sita Ram Tripathi and other by Sri Manoj Kumar Singh. A Civil Misc. Writ Petition No. 5135 of 2005 was filed by the Committee of Management headed by Sri Manoj Kumar Singh which was dismissed on 24. 4. 2006 by the learned Single Judge of this Court. Sri Manoj Kumar Singh filed Special Appeal No. 597 of 2006 which was allowed vide order dated 6. 7. 2006. The Division Bench while allowing the writ petition has directed to appoint authorized controller to hold the election of the Committee of Management of the institution within two months from the date of service of the order. The order has been served. In pursuance of the aforesaid order, Prabandh Sanchalak was appointed. It is alleged that even though Prabandh Sanchalak was appointed and the order of the Division Bench of this Court was served on him still he did not proceed to hold the election of the Committee of Management. Thus a Contempt Petition No. 961 of 2000 was filed against the Prabandh Sanchalak Sri Harish Chandra Srivastava. The election was held on 5. 4. 2007. In the said election, Sri Sita Ram Tripathi was defeated by Sri Bairav Prasad Tripathi and a new Committee of Management has been formed. It appears that new Committee of Management had placed the papers before the District Inspector of Schools for it recognition which have been transmitted to the Regional level Committee for final order. It appears that Ashutosh Shukla and others filed Writ Petition No. 21569 of 2007 questioning the electoral college as well as the election held on 15. 4. 2007. It has also been alleged that they have filed their objections before the Regional Level Committee which have not been decided. Learned Single Judge of this Court has disposed of the writ petition vide order dated 4. 5. 2007 with the direction to the Regional Level Committee to consider the objections after affording opportunity of hearing to the parties and shall pass a reasoned speaking order. This Court has further observed that the Regional Level Committee should record findings on the following three basic issues:-