JAGDAMBIKA PRASAD PANDEY Vs. STATE OF U. P.

JUDGEMENT

(1.) The Writ Petition No.8130 (MS) of 2014 has been filed by Jagdambika Prasad Pandey challenging the order dated 27.11.2014 issued by Deputy Registrar, Firms Societies and Chits, Gonda (for short 'Deputy Registrar'), asking the District Inspector of Schools to hold elections of the Society and the order dated 18.12.2014 passed by District Inspector of Schools, Gonda, asking the Principal GGIC to hold such elections on the basis of list provided by the Deputy Registrar. Writ Petition No.273 (MS) of 2015 has been filed by one Govind Tiwari also challenging the same orders. For the sake of convenience, this Court will hereinafter refer to Writ Petition No.8130 (MS) of 2014 as first Writ Petition and its Petitioner Jagdambika Prasad Pandey as Objector no.1 and Writ Petition No.273 (MS) of 2015 as Second Writ Petition and its petitioner Govind Tiwari as Objector no.2.

(2.) The brief facts of the case are being narrated as follows:

(3.) The Bye-laws of the Society, which have been repeatedly referred to, by the learned counsel for the petitioners, have been filed as Annexure to the first writ petition. It is apparent from the same that the Society was registered under the name of Janta Shiksha Prasaar Samiti, Gonda with its Memorandum of Association being signed by five members of the Committee of Management, namely, Ram Raj Tiwari, Jhinku Prasad Pandey, Ram Lakhan Pandey, Govind Tiwari (Objector no.2) and Ram Narain Pandey. The Memorandum of Association mentions names of eleven office bearers of the Committee of Management of the Society. The names of Parmeshwar Prasad Pandey, the contesting respondent in both the petitions or of the Objector no.1 are not mentioned but the name of Objector no.2 has been mentioned as one of the founder members.