RAVINDRA KUMAR SABU Vs. STATE

JUDGEMENT

(1.) Final arguments were heard on request of learned counsel for the parties in view of the urgency in the case. I wished the present litigation had been avoided and the members of 'Maheshwari Samaj' could resolve their misunderstandings/disputes by themselves in a spirit of cooperation, co-ordination and respect for each other. It appears that last elections of 'Shri Maheswari Samaj' (hereinafter referred to as 'the Samaj' or 'the Society), left bitterness in the members, as it often takes place when elections are fought with unwanted zeal and enthusiasm to exhibit supremacy in the Community. My anxiety and worry is for three educational institutions which are being run by the Society. Non-co-operation and feeling of hatred in members of the Society may adversely affect proper working and functioning of the educational institutions, which have earned high reputation and goodwill and cater the need of about 6,000 students, which itself is commendable. I hope and trust that members of 'Shri Maheswari Samaj' which is taken to be an enlightened society, will try to forget the scars/ wounds of the last elections. Like past, they will rise to the occasion and in a spirit of respect and affection for each other, shall work together for betterment of the Community and the educational-institutions.

(2.) Shri Maheshwari Samaj is a Society registered under the Rajasthan Societies Registration Act, 1958, in the year 1960. The Society was established with lofty ideals and objectives as declared by its Memorandum of Association. The object of the Society has been stated as under:- Thus, the very existence of the 'Society' is for service, co-operation, unity and to work for development of its members. As per reply of respondent No. 3, Shri Kanhaiya Lal Sarda, the total number of members of 'Maheshwari Samaj' in Jaipur, is 15000, out of which 8000 persons are members of the 'Society'. As per Rules of the Society, the Executive Committee manages all affairs of the Society. It is constituted for two years and consists of 51 members. The pleadings of the parties reveal that last elections of the Society had taken place on 4/07/1993, and the election of office bearers was held on July 17. Then, there is an Education Committee of the Society, which consists of eleven members to be nominated by its Executive Committee. Though, the Education Committee is separately registered, yet it is a part of the parent Society, i.e. 'Shri Maheshwari Samaj'.

(3.) Before Rajasthan Non-Government Educational Institution Act, 1989 (for short 'the Act) and Rajasthan Non-Government Educational Institutions (Recognition Grant-in-aid, Service Conditions Etc.) Rules, 1993 (for short 'the Rules'), came into force on 1-1-93, and 1-4-1993, respectively, the Grant-in-Aid Rules, 1963, were in force. Appendix I of the Rules provided formation of a Managing Committee/ Governing Council for an institution run by a Society. It is an admitted case before me that all the three Educational Institutions run by the Society were having their separate Managing-Committee/ Governing Council vested with an authority to manage and conduct the affairs of the institution. Admittedly, new Managing Committees have not been constituted as per the Act and the Rules, which provide a procedure for constitution of a ManagingCommittee. The old Managing Committees were functioning when last election of the members of Executive Committee of the Society took place on 4/07/1993, or the election of the office bearers took place on July 17. After the elections in July, 1993, a tug of war appears to have started in two factions of the Society. The attempt of newly elected office bearers is to assume or take charge of the management of the Educational-Institutions even without constitution of new Managing Committees in accordance with the provisions of the Act and the Rules; while the attempt of the members of existing Managing Committees is to keep their existence and hold in the Community. It may be stated here that there are no allegations of misconduct against any member of the old existing Managing Committee or that they misused the powers or acted against the interest of the Institutions. In such a situation, the question is what orders should be passed to protect proper functioning of the educational institutions from being effected by disputes amongst members of the Society, and to further protect the members from wasting their energy, time and money in litigations.