Dilip Gupta, J. - (1.) THE Committee of Management of Adarsh Kisan Inter College, Haseymau, District Kanpur Dehat and Jagdish Singh claiming himself to be its Manager have filed this petition for quashing the decision taken by the Regional Level Committee on 25th January, 2010 by which the elections held on 2nd January, 2009 in which the petitioner No. 2 -Jagdish Singh was elected as the Manager have not been approved and a direction has been issued to the Authorised Controller for holding fresh election of the Committee of Management.
(2.) IT is stated that Adarsh Kisan Higher Secondary School Samiti, Haseymaun Pokhrayan, Kanpur (hereinafter referred to as the 'Society') which is registered under the provisions of the Societies Registration Act, 1860 is running the Adarsh Kisan Inter College, Haseymaun, Kanpur Dehat (hereinafter referred to as the 'Institution'). The Institution which has its own Scheme of Administration is governed by the U.P. Intermediate Education Act, 1921 (hereinafter referred to as the 'Act'). The Joint Director of Education passed an order on 30th July, 2008 appointing an Authorised Controller in the Institution for holding fresh elections of the Committee of Management of the Institution within three months.
(3.) WRIT Petition No. 51275 of 2008 was filed for setting aside the aforesaid order but the petition was dismissed on 29th September, 2008 with a direction that the Authorised Controller shall hold the elections of the Committee of Management of the Institution after finalising the voters list. Pursuant to the aforesaid directions issued by the Court, the Authorised Controller convened a meeting of the General Body for 27th December, 2008 by issuing the agenda notice dated 11th December, 2008 to the 21 members of the General Body but since meeting could not take place on 27th December, 2008, it was adjourned to 2nd January, 2009 after issuing the agenda notice dated 24th December, 2008 to all the 21 patron/life members of the General Body. In the meeting held on 2nd January, 2009 the elections for the 12 members of the Committee of Management of the Institution took place and thereafter these 12 members of the Committee of Management proceeded to hold elections for the five office bearers, namely, President, Vice -President, Manager, Deputy Manager and Treasurer. Subsequently, papers were forwarded by the Authorised Controller to the District Inspector of Schools by the letter dated 7th January, 2009. The District Inspector of Schools by the order dated 7th January, 2009 granted recognition to the Committee of Management of the Institution and the signatures of petitioner No. 2 -Jagdish Singh were also attested as the Manager. A complaint was, however, made to the Deputy Registrar, Firms, Societies and Chits, Kanpur Region, Kanpur (hereinafter referred to as the 'Deputy Registrar') by the patron of the Society regarding the financial irregularities in the Society and the enrollment of Dr. Ashok Kumar Sachan and Sone Lal Yadav as life members of the Society being contrary to the provision of Rule 4 of the Bye -Laws of the Society. The Deputy Registrar passed an order dated 19th January, 2009 and on the basis of the aforesaid order, Virendra Pal Singh filed an application before the Joint Director of Education who issued direction on 28th February, 2009 to the District Inspector of Schools to re -examine the matter.;