DILIP GUPTA, J. - (1.) THE Committee of Management, Hindu Inter College, Mogra Badshahpur, District Jaunpur and 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. 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.
(3.) THE Regional Level Committee has given the following reasons for discarding the election of the petitioner-Committee of Management and for approving the election of the respondent-Committee of Management :- (i) The last election of the Committee of Management of the Institution was held on 24th July, 2005 on the basis of the 1386 members of the General Body in which Jai Ram Tripathi was elected as the Manager. It was approved by the Regional Level Committee on 8th August, 2005. (ii) The Manager of the Committee of Management had sought permission from the District Inspector of Schools on 14th June, 2008 to hold the subsequent elections but since permission was not given in time, the erstwhile Manager/President, on the basis of the resolution dated 8th July, 2008 of the Committee of Management, published the election programme and the election of the Committee of Management was held from the list of the 1389 members of the General Body and, according to the report of the Election Officer, since only one nomination was filed against each post, the election result was declared on 20th July, 2008 in which Jai Ram Tripathi was elected as the Manager. (iii) On the other hand, according to the Committee of Management in which Daya Shanker Pandey was elected as the Manager, the election was held after the publication of the election programme in two newspapers namely "Manyavar" on 11th July, 2008 and "Tarun Mitra" on 12th July, 2008 from the list of the 224 members of the General Body. (iv) The following facts emerge in respect of the election set up by the Committee of Management with Jai Ram Tripathi as the Manager :- (a) It is claimed that the election was held from the 1389 members of the General Body but from the documents which have been produced it transpires that only 43 members were present. This creates doubt in the election proceedings. (b) The last election of the Committee of Management of the Institution was held from the list of the 1386 members but the present election is claimed to have been held from the list of the 1389 members without indicating how three members were subsequently added since from the examination of the papers, it appears that the Committee of Management had not made any effort in the past to increase the membership in accordance with the Scheme of Administration. Sri Tripathi has not produced any evidence to show that the list of members produced by him is a valid list and has been approved. (c)The election proceedings produced by Sri Tripathi show that the President of the Society was made the Election Officer but according to the Bye-Laws, some outsider should have been elected as the Election Officer. (d) For these reasons, it was not possible to grant approval to the election of the Committee of Management in which Jai Ram Tripathi was elected as the Manager. (v) On the other hand, the election of the Committee of Management in which Daya Shanker Pandey was elected as the Manager was held from the list of the 224 members out of which 160 members participated in the election proceedings. Daya Shanker Pandey also filed the uncertified list obtained from the office of the Assistant Registrar, Firms, Societies and Chits, Varanasi (hereinafter referred to as the 'Assistant Registrar') which contained 224 members. In the decision given by the Assistant Registrar on 28th February, 1995, it transpires that the list produced by Jai Ram Tripathi under Section 4 of the Act was registered but this order had been set aside by the High Court and the matter was remanded. The election in which Daya Shanker Pandey was elected as the Manager was conducted from the list of members obtained from the office of the Assistant Registrar and in the absence of any other valid list, this list should be accepted. Thus, the election held by the Committee of Management with Daya Shanker Pandey should be recognised. ;