- (1.) Heard learned Counsel for the parties.
(2.) Petitioner No. 1 Committee of Management Sri Manas Shiksha Prasar Samiti Itaili, Ratanpura Mau runs a Junior High School. The dispute relates to the Constitution of the Committee of Management. The last undisputed election was held on 10.12.2003 in which Respondent No. 5 Ramadhar Singh was elected as Manager and one Sri Kalpnath Singh was elected as President. Ramadhar Singh, who was Manager at that time asserted that Sri Kulpnath Singh tendered his resignation due to bad health on 10.11.2005 which was accepted by General Body of the society on 14.12.2005 and Sri Shiv Nath Singh-Respondent No. 6 was elected as President for the remaining period. The period of Committee of Management is three years. However, Petitioner No. 2 Chandrama Singh asserted that fresh elections had taken place on 26.11.2005 and 16.12.2005. The dispute reached before the Assistant Registrar Firms, Societies and Chits Azamgarh, who passed a strange order on 27.10.2006 holding that the claim of both the parties was wrong and it was further held by the Assistant Registrar that period of Committee of Management was over. The said order was challenged through writ petition No. 62491 of 2006. The writ petition was allowed on 17.11.2006, copy of the judgment is Annexure-5 to the writ petition. The order dated 27.10.2006 was set aside and it was directed that: Assistant Registrar may, However, pass fresh order with regard to the dispute which was placed before him regarding registration of list of members of the Committee of Management of the society.
(3.) Through the above order technically the matter was not remanded only a liberty was granted for fresh decision. It is quite obvious that fresh decision could be taken only if any aggrieved party had approached the Assistant Registrar. Even if order dated 17.11.2006 (Annexure-5) is taken to the remand order still Assistant Registrar could re-hear the matter only if copy of the said judgment was filed before him. It appears that thereafter no party approached the Assistant Registrar for decision on the question of resignation of Kalpnath Singh and appointment of Respondent No. 6 as president at his place for the remaining period.;