EXECUTIVE COMMITTEE ARYAN EDUCATION TRUST Vs. PRESCRIBED AUTHORITY UNDER SECTION 25 OF THE SOCIETIES REGISTRATION ACT SMT

JUDGEMENT

(1.) It is distressing to note that an illegally constituted Executive Committee, has, with a view to perpetuate or to linger on its continuance for an indefinite period, deliberately and with wholly dishonest and evil intention, been successful in procrastinating the election process. This observation is fortified from the following facts Executive Committee of Aryan Education Trust, 92-A, Meerapur, D.A.V. College Campus, Allahabad is a registered society. It filed a writ petition (No. 15764 of 1996) through its Secretary, Dr. Rudra Prakash Srivastava to challenge the order dated 27.3.1996, Annexure 14 to the writ petition passed by Smt. Sangeeta Singh, Prescribed Authority/Sub-Divisional Officer, Chial under Section 25 of the Societies Registration Act, whereby the election of the petitioner held on 9.5.1993 was found to be illegal. On 3.5.1996, the following order was passed by this Court :

(2.) After the notification of the election, Sri Laxmi Prasad Srivastava, respondent No. 2 and a host of other trustees filed applications before the Returning Officer (for short 'RO') challenging the membership of 93 persons en bloc who were enrolled after 31.3.1993 as well as continuance of membership of some other persons. The petitioner also filed objection against the applications moved by Dakhini Prasad Srivastava and others, on 12.2.1998, RO passed a hand-written order, taking the following decisions :

(3.) The petitioner, it appears, is labouring under the misconception of fact that the writ petition No. 15764 of 1996 has been finally disposed of in terms of the order dated 18.12.1997, quoted above, and, therefore, the petitioner moved Civil Misc. Application No. 13392 of 1998 on 19.2.98, supported by an affidavit of Dr. Rudra Pratap Srivastava, for seeking guidance and directions of this Court with regard to right of participation in the election proceeding by 93 trustees who have been inducted and duly approved by the Executive Committee in 1994. A counter affidavit, as well as a rejoinder affidavit have also been filed.