PRAHLAD TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD the learned counsel for the appellant Sri Shyam Mohan and Sri Anand Kumar for the respondents. The writ petition preferred by the appellant, challenging the order dated 12.2.09 of the Regional Committee, recognizing the election of the Committee of Management of the institution in question said to have been held by Sri Virendra Kumar, the Ex-Manager of the erstwhile Committee of Management has been dismissed by the learned Single Judge on the ground that the appellant does not come either in the category of the aggrieved person or in the category of rival Committee of Management nor any claim has been made on behalf of any rival Committee of Management. The plea of the appellant was that he was a life member and that the term of the outgoing committee of management was three years, one month which expired, during which elections could not be held, therefore, Authorized Controller was appointed in the college, the elections thus, could not have been held by the Committee of Management. Appointment of Authorized Controller was not challenged by the respondents at any point of time. Further the election of the society was held under the directives of the Deputy Registrar but the Committee of Management of the appellant society so elected was not having any jurisdiction to hold the election of the Committee of Management as the Authorized Controller was to conduct the elections. Learned counsel for the respondents, has made an effort to justify the elections said to have been held under the Managership of Sri Virendra Kumar. We are of the considered opinion that in the presence of the Authorized Controller, the elections were to be held by the Authorized Controller and not by the Committee of Management, whose term had already expired and who is not in the office. That being so, the order passed by the learned Single Judge deserves to be set aside and the matter requires to be reconsidered on merits in writ jurisdiction. We, therefore, set aside the order passed by the learned Single Judge and remit the matter before the learned Single Judge having jurisdiction for deciding the writ petition on merits. The question of locus standi of the appellant may also be considered by the learned Single Judge afresh. Let the writ petition be listed in the month of July, 09. In the meantime, the Authorized Controller shall continue to discharge his functions, subject to further orders being passed either as interim or final by the learned Single Judge. The special appeal is allowed. No order as to costs.