JOKHAN LAL SINGH Vs. DINESH SINGH AND ANOTHER

JUDGEMENT

(1.) THESE are three special appeals which arise out of three writ petitions decided by a common order dated 22.8.08.

(2.) WRIT Petition No. 1446 (MS) of 2003 was filed by Committee of Management and Dinesh Singh, claiming himself to be Manager of the institution challenging the order passed by the Deputy Registrar, Societies, Firms and Chits, Faizabad dated 19.4:03; writ petition No. 2736 (MS) of 2002 was filed by Jokhan Lal Singh, the present appellant, challenging the order dated 7.8.2002 passed by the District Inspector of Schools, Sultanpur, by means of which he recalled the order dated 3.3.2002, by means of which the District Inspector of Schools had verified the signatures of Jokhan Lal Singh as Manager; and writ petition No. 533 (MS) of 2003 was also filed by Jokhan Lal Singh challenging the order dated 6.2.03 saying that at present there is no Manager in the institution and the Manager would be recognised only after the decision of the Registrar. In writ petition No. 2736 (MS) of 2002 filed by Jokhan Lal Singh, an interim order of stay was passed staying the order of recall dated 3.3.2002 by means of which verification of signatures of Jokhan Lal Singh done by the District Inspector of Schools was recalled.

(3.) THE facts relevant for the purpose are as under: A Society, namely, Jai Khaki Baba Vidyalaya was initially registered on 21.2.1981 through the then Manager Mahant Bahadur Singh but during the intermittent period, renewal of the Society could not be made and on 5.12.2006 in the general meeting of the Society, Mahant Bahadur Singh, the Manager, tendered his resignation, which was accepted. As a result of resignation of Mahant Bahadur Singh being accepted, the office of the Manager became vacant and, therefore, for looking after the work and affairs of the Society, a meeting was again held on 10.1.1997 under the Presidentship of Chandra Bhan Singh, wherein it was resolved that Dinesh Singh,, respondent No. 1 be allowed to function as Manager. Since Dinesh Singh admittedly was not a member of the general body of the Society, therefore, an objection was raised that he cannot be appointed as Manager. In these circumstances, it was decided that Dinesh Singh will deposit the membership fee and will get himself enrolled as member of the Society.