Case :- WRIT - C No. - 38789 of 2016
Petitioner :- C/M Sankatha Prasad Inter College And Another Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Vijay Kumar Singh,Jai Singh Yadav
Counsel for Respondent :- C.S.C.,Nanhe Lal Tripathi,Prabhakar Awasthi
Hon'ble Siddhartha Varma,J.
In this writ petition, the order dated 25.7.2016 passed by the Regional Level Committee, Allahabad, has been challenged. The events which fall within a narrow compass culminating in the impugned order would be essential for the adjudication of this case.
There is a registered society by the name of Sankatha Prasad Shiksha Sadan Prabandh Samiti Mawai Ganeshpur, Fatehpur. The society also runs an Intermediate College which is recognized under the Intermediate Education Act, 1921. As per law, the society has its bye-laws and the Intermediate College has its Scheme Of Administration. A perusal of the bye-laws and the Scheme of Administration shows that enrolment of members is done only for the general body of the society and those very members are the members of the general body of the Intermediate College. The general body of the society elects its members for its Committee of Management and, thereafter, the latter functions for the society as also the Intermediate College.
On 5.12.2010, when an election was held one Sri Jai Bahadur Singh was elected as president and Sri Shattrughan Lal Vishwakarma was elected as the Manager. The elected body which was elected by the Election dated 5.12.2010, on 27.12.2011 claimed that on the enrolment of 9 life members and 11 Ordinary members vide resolution of the general body dated 5.12.2010, the General Body of the Society now had 28 members. The Committee which was elected on 5.12.2010 also came up with an election dated 1.12.2013 on the basis of those 28 members. This election was approved by the Assistant Registrar on 19.12.2013 on the basis of which, the list of office bearers was registered by the Assistant Registrar under Section 4 of the Societies Registration Act on 2.3.2015.
However, when knowledge dawned on the other members regarding the addition of members to the general body, they filed their complaints before the Assistant Registrar and when the Assistant Registrar on 2.3.2015 had ultimately registered the list of office bearers, the Petitioners filed a writ petition being Writ Petition No. 20789 of 2015 which was allowed on 28.4.2015. The order dated 2.3.2015 passed by the Assistant Registrar was set aside and the Assistant Registrar, by the High Court's order, was directed to finalize the list of the General Body of the Society in accordance with law and after affording an opportunity of hearing to all the stake holders.
The Assistant Registrar, thereafter, on 14.8.2015 passed an order holding that the election dated 1.12.2013 was invalid and finalized a list of 14 members who according to him were there in the General Body of the Society. However, the Assistant Registrar was of the view that Election was to be held under Section 25 (2) of the Societies Registration Act, 1860.
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