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C/M Janta Uchchatar Madhyamik Vidyalaya And Others v. State Of U.P. And Others - WRIT - C No. - 49707 of 2007  RD-AH 16648 (12 October 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. 33
Civil Misc. Writ Petition No. 49707 of 2007
Committee of Management,
Janta Uchchatar Madhyamik Vidyalaya, Agra,
through its Manager, Ragfhu Nath Singh
State of U.P. and others
Hon'ble V.K. Shukla, J.
Committee of Management of Janta Uchchatar Madhyamik Vidyalaya, Agra, through its Manager, Raghu Nath Singh, has approached this Court questioning the validity of order dated 05.09.2007 passed by Prescribed Authority under Section 25 (1) of the Societies Registration Act, 1860, declaring the elections dated 13.06.1993, 09.06.1996, 13.06.1999, 09.06.2002 and 09.06.2005 as valid elections, and thereafter directing the Deputy Registrar, Firms, Societies and Chits to register the list of the office bearers, accordingly.
In the district of Agra, there is a society known as Janta Uchchatar Madhyamik Vidyalaya, Khairagarh, Agra, which was registered on 31.12.1963. Said society has its duly framed bye-laws. As per the said bye-laws, society is to be run and managed by the Committee of Management elected after every three years. The procedure of such elections has been prescribed in the bye-laws. General body of the society has to elect 31 members for its executive committee. The executive committee so elected will proceed to elect a Prabandh Karini Samiti comprising of 11 members, including five office bearers, viz. President, Vice President, Manager, Assistant Manager, and Treasurer. Said society has established an educational institution also in the name and style of Janta Uchchatar Madhyamik Vidyalaya, Agra, which is governed by the provisions as contained under U.P. Intermediate Education Act, 1921. Its Committee of Management is constituted in consonance with the provisions as contained in the Scheme of Administration. The elections of the Committee of Management of the society as well as the institution are held separately, periodically, from time to time.
Earlier matter had travelled up to this Court in respect of dispute of Janta Uchchatar Madhyamik Vidyalaya, Khairagarh, Agra, in writ petition No.47578 of 2003. This Court on 22.02.2005 quashed the order dated 14.10.2003 passed by the Assistant Registrar, Firms, Societies and Chits and directed the Assistant Registrar, Firms, Societies and Chits to refer the dispute in respect of rival elections set up by petitioners as well as respondent No. 3 to the Prescribed Authority and to transmit the relevant records in this regard to the Prescribed Authority and the Prescribed Authority was directed to decide the dispute at the earliest. Thereafter, the Prescribed Authority decided the dispute finally, against which writ petition No.30720 of 2006, and this Court vide order dated 26.05.2006 quashed the order of the Prescribed Authority and remitted the matter back to the Prescribed Authority after giving clear finding on the validity of elections and the order dated 02.05.2006 was quashed. The Prescribed Authority once again finally decided the dispute as directed by this Court and passed order dated 25.11.2006, and said order was again subject matter of challenge in writ petition No.69818 of 2006. This Court on 11.01.2007 quashed the aforementioned order and directed the Prescribed Authority to decide the matter afresh after recording its finding with regard to election of the society as claimed by both the parties as also with regard to renewal of registration of society. Thereafter, order impugned has been passed.
Sri Ashok Khare, Senior Advocate, assisted by Sri V.D. Shukla, Advocate, contended with vehemence that in the present case, Prescribed Authority has totally misdirected itself, inasmuch as at no point of time validity of election has been looked into, and virtually no exercise has been undertaken to examine the validity of elections, as Prescribed Authority has to satisfy itself in summary manner on three counts, namely, as to whether (i) the person, who had convened the meeting of the election, had the authority to convene the meeting; (ii) persons who had participated in the election were valid members of the General Body and (iii) whether the elections were held strictly in consonance with the approved Scheme/Byelaws, as such order impugned is liable to be quashed.
Sri Shashi Nandan Senior Advocate, assisted by Sri Anil Bhushan, Advocate, appearing for contesting respondent, contended that they do not intend to file counter affidavit and on the basis of impugned order itself matter be finally heard and decided, as in the present case Prescribed Authority has rightly exercised his authority as was required, and no interference is required.
After respective arguments have been advanced, factual position, which emerges is to the effect that Prescribed Authority has totally misdirected while deciding the election dispute in summary manner. No reasons, whatsoever, have been indicated as to how the elections of Vishnu Dutt Sharma have been accepted. The Prescribed Authority has stated that the claim set up by the other side is incorrect and further it proceeds to mention that on various occasion in the past order has been passed, which has been cancelled by the High Court, as such it would not be appropriate to make comments on the same and then further proceeds to mention that election of the Committee of Management has to be held as per provisions as contained under the Scheme of Administration and that of society has to be held as per provisions as contained under the bye-laws of the society, as such elections are valid. The fact of the matter is that no exercise has been done and it appears that the Prescribed Authority without undertaking any exercise recognized the elections, whereas before proceeding to recognize the elections, it ought to have recorded its satisfaction on three counts in summary manner, namely, as to whether (i) the person, who had convened the meeting of the election, had the authority to convene the meeting; (ii) persons who had participated in the election were valid members of the General Body and (iii) whether the elections were held strictly in consonance with the approved Scheme of Administration.
Consequently, writ petition succeeds and is allowed. Impugned order dated 05.09.2007 is hereby quashed and set aside. Matter is remitted back to the Prescribed Authority to take decision afresh, in accordance with law, keeping in view the three parameters as detailed above.
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