INDERPAL SINGH Vs. AVTAR SINGH

JUDGEMENT

(1.) THIS appeal arises cut of the order dated 26. 8. 2006, passed by the Additional District and Sessions Judge (Fast Track), No. 4, Bharatpur, whereby the learned Judge has rejected the application of the appellant for appointment of Receiver/administrator for managing the affairs of Guru Nanak Senior Secondary School and Guru Harkishan Public School.

(2.) THE brief facts of the case are that respondent No. 5, the Guru Singh Sabha Shiksha Samiti (henceforth to be referred to as `the Society', for short), is a registered society under the Rajasthan Societies Registration Act, 1958, having Registration No. 81/78-79 and has its Head Office at Bharatpur. According to the Constitution of the Society, the object of the Society is to impart education to children, to teach them discipline, to encourage feeling of nationalism amongst them, to teach them about the Punjabi language, etc. For this purpose, the Society runs two schools in Bharatpur, namely the Guru Nanak Senior Secondary School and the Guru Harkishan Public School. Both these schools are known as the two of the finest schools of the city. Furthermore, according to the Constitution of the Society, the Society is to be run by a Managing Committee in accordance with rules and regulations of the Education Department of the Government. THE Managing Committee would consist maximum of fifteen members, out of which the members of the Society would elect eight persons who shall be the lifetime members of the Society. THErefore, the Managing Committee has to be elected and not nominated by the Society. THE Managing Committee so elected would have tenure of three years.

(3.) ON the other hand, Mr. Virendra Yadav, the learned counsel for the appellant, has argued that the respondent No. 6 is a life- member of the Society. Therefore, he has a right to raise the issue of the welfare of the society. In case the new Managing Committee is permitted to act in an arbitrary fashion, it would damage, if not destroy, the reputation of the schools. It is the children who shall be the ultimate sufferers. Hence, he is competent to file the suit and the present appeal.