- (1.) This decision examines the scope, power, and jurisdiction of Registrar Societies and Chit Funds, the Prescribed Authority under the Societies Registration Act, and the Basic Shiksha Adhikari in respect of Societies running Junior High Schools. Among these, in a controversy to decide about the recognition of its committee of management, whose decision will override the other? How should the different provisions, relating this controversy, be reconciled? In addition, it is recommended that the state may remove the anomaly between the Societies Registration Act, the Intermediate Education Act, and the first statutes of different Universities under the U.P. State University Act (heading 'REMARKS: SECTION 25 OF THE SOCIETIES REGISTRATION ACT - SECTION 16-A(7) OF THE INTERMEDIATE EDUCATION ACT,, THE FIRST STATUTES OF THE UNIVERSITIES' Paragraphs 30-37). Here are the factsFACTS
(2.) There is a society known as Raja Tej Singh Vidyalaya Aurandh, district Mainpuri (the RTS society). It runs a Junior High School by the same name (the RTS School). The governing body (committee of management) of the RTS society also manages the RTS school i.e. committee of management of the RTS society is the committee of management in the RTS school. There is only one election. (Reference to the committee of management of the governing body of the RTS society or election thereto means the governing body of the RTS society or election thereto means the committee of management of the RTS School or election thereto and vice versa in this judgment.
(3.) Admitted elections to the committee of management of the RTS society were held on 19/11/1995. In this election one Sri Awadh Kishore and Sri Ravendra Singh were elected as the President and the Manager of the society. Every year, a society is required to submit a list of members of the governing body under Section 4 of the Societies Registration Act. Sri Ravendra Singh submitted a list some time in November 1998. In this list instead of Sri Awadh Kishore, some one else was shown as the President. The Assistant Registrar, Firms, Societies and Chits, Agra (the AR) issued notices to Sri Awadh Kishore to confirm it. In the meantime fresh elections were held. There was dispute among the members - one faction held his election on 3/12/1998 electing Sri Lallu Singh as the Manager; second faction held election on 6/12/1998 electing Sri Satya Pal Singh as the Manager; third faction also held election in which Sri K. K. Singh was elected as Manager. Sri K. K. Singh is no longer in picture and has gone out of contest.Different sets of persons were allegedly elected as office bearers and members of committees of management in these elections. All submitted their papers to the AR under Section 4 of the Society Registration Act for information as well as to the Basic Shiksha Adhikari, Mainpuri (the BSA) for their recognition.;