Y KRISHNAIAH Vs. COMMISSIONER OF COLLEGIATE EDUCATION

JUDGEMENT

(1.) Since both these appeals arise out of a common order of the learned single Judge dated 7-6-1997 and as they involve consideration of common questions of fact and law, they were heard together and we propose to dispose of the same by this common Judgment.

(2.) Writ Appeal No.485 of 1997 is filed against the order in WP No.2631 of 1997 while Writ Appeal No.486 of 1997 is filed against the order in WP No.3894 of 1997." One Sri I. Somasekhara Setty was the petitioner in both the writ petitions. For the purpose of convenience, the parties will be referred to as arrayed by the learned single Judge in the impugned order.

(3.) A few facts which are necessary for the purpose of disposal of these appeals are as follows: The petitioner is the Secretary and Correspondent of Sri Vasavi Kanyakaparameswari Arts, Science and Commerce College, Markapur, having been elected to the said post in the elections held to the Management Committee of the College on 21-10-1993. The institution is a private institution and admitted to grant-in-aid. Its affairs are governed by the Bye-laws, the institution having been registered as a society under the Societies Registration Act. Respondents 4 and 5, namely, Sri Y. Krishnaiah and Sri Y. Balaratnam are the hereditary presidents and they are holding the post of President by rotation and this practice is adopted from the inception. The Bye-laws of the society provide for constitution of 'General Body' and 'Executive Committee'. Bye-law No.7(a) provides that there will be a president, a Vice-President, a Secretary, a Joint Secretary and a Treasurer for the General body and they will be elected by the General Body in a special meeting and their term of office is three years or till the new body is elected. It also provides that they can function as the members of the Governing Body also. Bye-law No.8(e) says that the Executive Committee shall consist of sixteen members viz.. President, Vice-President, Secretary, Joint Secretary, Treasurer and eleven other members. Among the eleven members, the Principal of the College, one staff representative, two representatives of Sri Venkateswara University and the District Educational Officer shall be ex-officio members. Bye-law No.9 which deals with Constitution of the Executive Committee reads as follows: