Dilip Gupta, J. - (1.) The Committee of Management Hindu Inter College, Mogra Badshahpur, District Jaunpurand Jai Ram Tripathi claiming himself to be its Manager have filed this petition for setting aside the decision taken by the Regional Level Committee on 19th December, 2008 to grant approval to the respondent-Committee of Management elected on 20th December, 2008 with Daya Shanker Pandey as the Manager.
(2.) The Hindu High School Society, which is registered under the provisions of the Societies Registration Act, 1860 (hereinafter referred to as the 'Act'), runs an Intermediate College known as the Hindu Inter College, Mogra, Badshahpur, District Jaunpur (hereinafter referred to as the 'Institution'). This Institution is recognised under the provisions of U.P. Intermediate Education Act, 1921 and has its own Scheme of Administration. The Scheme of Administration of the Institution provides that the term of the Committee of Management shall be three years.
(3.) It is stated that in the election of the Committee of Management of the Institution held on 24th July, 2005 from the list of 1489 members of the General Body, the Committee of Management with Dr. Raghu Nath Pandey as the President and Jai Ram Tripathi as the Manager was elected and the Regional Level Committee granted approval to this election on 8th August, 2005. Before the expiry of the term of the Committee of Management, a meeting of the Committee of Management was held on 17th June, 2008 for finalising the election programme for holding fresh the elections. The elections were subsequently held on 20th July 2008 in which Jai Ram Tripathi was elected as the Manager. Papers were sent to the District Inspector of Schools. However, the respondent-Committee of Management also claims to have held the election of the Committee of Management of the Institution on 20th July/2008 from a list of 224 members of the General Body in which Daya Shanker Pandey was elected as the Manager. Papers were also sent by him to the District Inspector of Schools. The District Inspector of Schools referred the matter to the Regional Level Committee which on 19th December, 2008 took a decision to approve the election of the respondent- Committee of Management with Daya Shanker Pandey as the Manager.;