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C/M. Gaddopur Adarsh Bal Vidyalaya Samiti And Ors. v. Assistant Registrar Firm, Societies & Chits Varanasi & Ors. - WRIT - C No. 14506 of 2004 [2005] RD-AH 4665 (24 October 2005)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


                                                                                       Court No.38

Civil Misc. Writ Petition No. 14506 of 2004

Committee of Management & another


Assistant Registrar, Firms, Societies

and Chits, Varanasi Region, Varanasi

& others

Hon'ble Vineet Saran, J

The dispute in this writ petition is with regard to the Committee of Management of the Kisan Gaddopur Adarsh Bal Vidyalaya  Samiti, Gaddopur Belawa,  Mariyahun, Jaunpur. According to the petitioners the last election of the Committee of Management was held on 15.12.1998 in which one Budhi Ram Maurya was elected as Manager. He died on 4.9.2001. Thereafter, according to the petitioners, petitioner no. 2 Ram Chandra Maurya took charge as Manager of the institution. The petitioner is aggrieved by an order dated 4.4.2002 passed by respondent no. 1, the Assistant Registrar, Firms, Societies and Chits, Varanasi Region, Varanasi whereby the Committee of Management of Rajmani Maurya has been recognized. Challenging the said order dated 4.4.2002, this writ petition has been filed.

I have heard Sri Indra Raj Singh, learned counsel appearing for the petitioner as well as learned Standing Counsel appearing for the respondents no. 1, 2 and 3 and Sri Yatindra, learned counsel appearing for respondent no. 4 and have perused the record.

According to respondent no. 4 the election of the Committee of Management was held on 25th December, 2001 in which Rajmani Maurya is alleged to have been elected as Manager of the institution. By an interim order dated 8.4.2004 passed in this writ petition, the parties were directed to maintain status quo with regard to the management of the institution as it existed on that date. Both the parties are claiming to be in control over the affairs of the institution. The bye-laws of the society provide that the term of the Committee of Management would be of three years. Such term has already expired even if the last election, as alleged by the respondents, is taken which was on 25.12.2001.

As such with the consent of the learned counsel for the parties this writ petition is being disposed of with the direction that respondent no. 2, the District Basic Education Officer, Jaunpur shall have the election of the Committee of Management held in terms of the bye-laws of the society within three months from the date of filing of a certified copy of this order before the said respondent no. 2.  Till such period the status quo order granted on 8.4.2004 shall continue to operate.

It is further directed that the petitioners as well as respondent no. 4 shall cooperate with respondent no. 2 in having the election held.

With the aforesaid observations/directions, this writ petition is finally disposed of. No order as to costs.




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