- (1.) The Committee of Management of the Kedar Narain Krishak Inter College, Uchauri, District Ghazipur and Rajendra Prasad Singh claiming himself to be its Manager have filed this petition for setting aside the order dated 6th May, 2010 passed by the Regional Level Committee by which the order dated 27th May, 2009 passed by the Joint Director of Education, Varanasi Region, Varanasi has been set aside and all the orders issued subsequently to give effect to this order have also been declared to be ineffective.
(2.) It is stated that the Society namely, 'Krishak Sangh Uchauri, District Ghazipur' (hereinafter referred to as the 'Society'), which is registered under the provisions of Societies Registration Act, 1860 (hereinafter referred to as the 'Act'), has established an Intermediate College known as 'Kedar Narain Krishak Inter College, Uchauri, District Ghazipur' (hereinafter referred to as the 'Institution'). It is contended by the petitioners that though the General Body of the Society and the Institution is same, yet the manner of electing the Committee of Management of the Society and the Institution is different since the Committee of Management of the Society is elected in accordance with the provisions of the Bye-Laws of the Society, while the Committee of Management of the Institution is elected in accordance with the procedure prescribed in the Scheme of Administration of the Institution.
(3.) The last undisputed election of the Committee of Management of the Institution was held in 1995 in which Kuber Nath Singh was elected as the Manager. It is said that by motion of no confidence, he was removed from the post of Manager on 18th October, 1998. Number of writ petitions were filed concerning the election of Committee of Management of the Society as also the Institution. An order was passed by the Court on 26th October, 2002 directing the Assistant Registrar, Firms, Society and Chits, Varanasi Region, Varanasi (hereinafter referred to as the 'Assistant Registrar') to hold fresh elections of the Committee of Management of the Society under Section 25(2) of the Act after finalising the electoral college since the term of the Committee of Management of the Society had come to an end. Two different lists were submitted by the parties and the Assistant Registrar determined the electoral college by the order dated 25th August, 2003 which was challenged by both the parties in Writ Petition No. 39354 of 2003 and Writ Petition No. 46411 of 2003. These petitions were allowed by a common judgment and order dated 9th April, 2004 with the following observations: In this view of the fact, order dated 24.8.2003 passed by the Assistant Registrar, Firms, Societies and Chits, Varansi is hereby quashed and set aside. Assistant Registrar, Firms, Societies and Chits, Varansi is directed to re-hear the matter after providing opportunity of hearing to both the parties in both the writ petitions and thereafter fresh reasoned and speaking order be passed. This exercise be concluded within period of two months from the date of presentation of certified copy of this order and thereafter election in question be held as expeditiously as possible in accordance with law.;