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Ram Babu Chowdhary & Others v. State Of U.P. Through Secondary Education & Others - WRIT - C No. - 32390 of 2007 [2007] RD-AH 14628 (29 August 2007)

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Court No. 33

Civil Misc. Writ Petition No. 32390 of 2007

Ram Babu Chowdhari and others


State of U.P. and another.

Hon'ble V.K. Shukla,J.

Petitioners claim themselves to be the Life Member of the Shiksha Prasar Samiti, Prithivipur, Etawah, which is society registered under the Societies Registration Act, 1860. Said society has established an institution known as Jan Sahyogi Uchchattar Madhayamik Vidyalaya Etawah. Said institution is in grant- in- aid list of the State Government and it has got its own Scheme of Administration as per which election of the Managing Committee of the institution are to be held. Petitioner has contended that last valid elections were held in the year 1986 wherein petitioner no. 1 was elected as President and respondent no.5 was elected as Manager. Petitioner submits that thereafter, no election whatsoever has been held.

Supplementary has been filed alongwith proceeding of the Regional Committee. Record in question reflects that last election of the Managing Committee of the institution were shown to have taken place on 16.8.2004. Said papers has been transmitted on 19.7.2007. Thereafter it proceeds to mention that there is no dispute and as such recognition be accorded and election be held.

Order passed by the Regional Committee has been perused. Regional Committee proceeds to mention that paper in respect of election dated 16.8.2004 has been received by the letter dated 20.4.2007. Decision of the Regional Committee clearly reflects that no exercise whatsoever has been undertaken which is enjoined upon it, inasmuch as, at no point of time, any endeavour whatsoever has been made by the Regional Committee to go into validity of the election. The Regional Committee at no point of time, ever tried to satisfy himself as to why there was a delay in transmitting the papers when the elections are to be held on 16.8.2004. Regional Committee proceeds to mention that renewal of the society is there and there is no dispute as such recognition be accorded. Regional Committee was duty bound to see the validity of elections on three points:-

(i)who had the right to convene the meeting

(ii) Participation of the valid member of general body of the society.

(iii) Compliance of provision as contained in the Scheme of Administration.

In these circumstances and in this background , order passed according recognition dated 6.6.2007 passed by the respondent no.2 and 8.6.2007 passed by respondent no.3 are quashed.

Sri Anil Sharma, Advocate has entered appearance on behalf of the Committee of Management headed by Sri Santosh Chowdhary contended that he has no objection in case holding fresh election through an independent agency. Concerned Sub Divisional Magistrate within whose territorial jurisdiction institution in question is situated, as agreed by the parties, is appointed to hold election. Said Sub Divisional Magistrate shall finalize electoral college in consultation with the D.I.O.S. Etawah as well as Assistant Registrar, Chits and Funds, Kanpur Region, Kanpur within eight weeks from the date of production of certified copy of this order. Thereafter, after said electoral college is finalized, then election be held from determined electoral college as per provision as contained in the Scheme of Administration within next eight weeks thereafter and thereafter papers be placed before the Regional Committee for passing of appropriate order on the same.

With these observations, writ petition is allowed and disposed of.

Dt. 29.8.2007



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