- (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, AND THE FIRST STATUTES OF THE UNIVERSITIES' Paragraphs 30-37 ). Here are the facts FACTs
(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. Admitted elections to the committee of management of the RTS society were held on 19th November, 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 3rd December, 1998 electing Sri Lallu Singh as the Manager; second faction held election on 6th December, 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. The BSA by his order dated 20th January, 1999 recognised Sri Satya Pal Singh as the manager. Sri Lallu Singh filed a writ petition No. 5611 of 1999 (the earlier writ petition) against the order of the BSA dated 20-1-1999. This writ petition was allowed on 24-2-1999 (the earlier order of the High Court) and the BSA was directed to decide the controversy again within 15 days from the production of a certified copy of the order. The BSA has again recognised Sri Satya Pal Singh as the Manager by his order dated 5th April, 1999. Sri Lallu Singh has again filed a writ petition No. 20017 of 1999 (the first writ petition) against the order of the BSA dated 5-4-1999. No interim orders were granted in this writ petition.
(3.) DURING pendency of the first writ petition, the BSA passed another order dated 23rd October 1999 for single operation of the accounts under 2nd proviso to the U. P. Junior High School (Payment of Salaries of Teachers and other Employees) Act, 1978 (the Payment of Salary Act ). It is on the basis of some letter of the Joint Director of Education (Basic) Agra dated 22nd April 1990. Sri Satya Pal Singh has filed writ petition No. 50966 of 1999 (the second writ petition) against the order dated 23rd October, 1990 directing single operation of accounts. The elections held were of the RTS society and all sides had also submitted their list of committee of management (governing body) to the AR under Section 4 of the Societies Registration Act. The AR by his order dated 30th October 1999 has held that the committee of management of Sri Lallu Singh Chauhan was a valid committee of management. Sri Satya Pal Singh has filed writ petition No. 50290 of 1999 (the third writ petition) against this order. There are contradictory orders: the BSA has recognised Sri Satya Pal Singh, and the AR has recognised Sri Lallu Singh as the manager of the committee of management though it is same for the RTS School and the RTS society. POINTS FOR DETERMINATIOn;