Dilip Gupta, J. - (1.) The petitioners have sought the quashing of the order dated 17th July, 2010 passed by the Assistant Registrar, Firms, Societies and Chits, Moradabad (hereinafter referred to as the "Assistant Registrar") by which he has, pursuant to the directions issued by this Court on 26th October, 2009 in Writ Petition No. 24673 of 2002, determined the electoral college of 19 persons and has directed for holding of the elections on 29th July, 2010.
(2.) In Writ Petition No. 24673 of2002, the following order dated 26th October, 2009 was passed: "This writ petition has been filed for issuing a writ of certiorari quashing the order dated 17.5.2002 passed by Joint Director of Education, Moradabad Division, Moradabad by which the Joint Director of Education has held the elections of Committee of Management of Asim Behari Kanya Junior High School, Moradabad dated 19.10.1997 and 24.10.2000 illegal and appointed finance and account officer of the office of Regional Director of Education Moradabad as Prabandh Sanchalak with the direction to hold an election within a period of three months on the basis of the list of valid members. I have heard Sri MAZaidi learned counsel for the petitioner, Sri K.A. Ansari,learned counsel appearing for the President.of the Society, learned standing counsel and Sri Girish Chand Shukla holding brief of Sri Kamlesh Shukla learned counsel appearing for respondents. Learned counsel for the petitioner has submitted that the term of Committee of Managemnt is five years whereas this fact has been disputed by Sri K.A. Ansari learned counsel appearing for the President of the Society, in his submissions, the term of the Committee of Management is three years. Sri Zaidi learned has further submitted that in the minority institution Prabandh Sanchalak cannot be appointed, in his submissions, the order passed by Joint Director of Education Region Muradabad is without jurisdiction as Jbmt Director of education has no role in the affairs of Committee of Management of a Junior High School run under the Basic Education Act and rules framed thereunder. This legal position could not been disputed either by learned standing counsel or by the other respective counsel appearing for respondents. Be that as it may after hearing learned counsel for the parties, I find that the term of the earlier elections held either in the year 1997 or in the year 2000 has expired in both ways either term of elections was for three years or five years, therefore, no relief can be granted to the petitioner with respect to those elections as no cause of action to that extent survives today. So far as the appointment of authorised controller is concerned, I find that the order passed by Joint Director of Education appointing authorised controller is without jurisdiction and unsustainable in the eye of law. The Assistant Registrar Chits Funds and Societies Regional Office Moradabad is directed to hold an election of the Committee of Management of the society after finalizing the list of voters in accordance with law if possible within a period of six months from the date of receipt of certified copy of this order. It is also provided that unless the election is held the Principal of the said institution shall look into the affairs of the college pursuant to the order of this Court in Special Appeal No. 690 of 2002. Subject to above observation the writ petition is disposed of."
(3.) The Assistant Registrar in the impugned order has noticed that petitioner No. 2-Abdul Hai had submitted a list of 40 members while respondent No. 4- Mohd. Mukhtar had submitted a list of 24 members. He found that in the list of 40 members submitted by Abdul Hai, 13 persons had died and regarding the remaining 27 members, only photostat copies of the receipts had been filed but original documents regarding enrollment had not been filed and nor any evidence had been submitted to show in which Bank the amount received through aforesaid photostat receipts was deposited. He also found from the documents submitted by respondent No. 4-Mohd. Mukhtar that out of these 40 members, the membership of 17 persons had been cancelled on 3rd April, 1998 because of non-deposit of the membership fee and that there was no dispute regarding four members. The Assistant Registrar also found that the membership of 8 members was not in accordance with the Scheme of Administration.;