M.L.Bhat - (1.) THESE are three writ petitions-No. 25955/90, 2982/91 and 26346/90. The former two petitions are filed by one Ambika Prasad Singh and the latter is filed by the Committee of management, which is respondent in other two writ petitions.
(2.) IT is necessary to give resume of facts of each petition separately. In writ petition No. 25955 of 1990 (Ambika Prasad Singh v. The Prescribed Authority and others) the impugned order dated 18-9-1990, which is Annexure 3 to the writ petition passed by the Prescribed Authority is prayed to be quashed. By a writ of mandamus it is prayed that the respondent no. 1 be restrained from interfering with the powers and functions of the petitioner as Manager of the existing committee of management of the institution in question. The petitioner's case in the writ petition is that he was functioning as Secretary-cum-Manager of the society of the institution, which was for the first time registered in the year 1960. The said society runs an Intermediate College. The committee of management of the society and the committee of management of the College is one and the same body. The election to the committee of management of the institution is said to have taken place in 1980. The petitioner was elected as Manager and one Siya Ram Singh was elected as president. The Assistant Registrar is said to have renewed the registration of the society on 24-4-1982 for a period of two years. A copy of the registration certificate is Annexure 1 to the writ petition. However, by virtue of the management effected in the Societies Registration Act in the year 1984 registration of a society was to remain valid for five years. Therefore, the renewal certificate by operation of law was valid up to 23-4-1987. Under the new Scheme of Administration the term of the committee of management was fixed as three years. Before the amendment its term was five years. Old committee of management was to remain in office till the new committee of management of the society was elected The election of the Committee of management of the College was held on 25-5-1986. The petitioner was elected as Manager and one Sri Bhagwati Prasad Dwivedi was elected as president The petitioner had submitted fresh papers before the Assistant Registrar for renewal of the society which was done in the year 1987. It is alleged that Sri Siya Ram Singh, for his alleged activities against the interest and welfare of the society, was removed from the membership of the society by a resolution dated 2-2-1986. The said Siya Ram Singh is said to have prepared some forged election proceedings claiming himself to be elected as Manager of the committee of management of the institution. The election is said to have been held by him on 18-5-1986, He also prayed for renewal of the registration of the society in his favour The Assistant Registrar had before him two rival claimants for renewal of registration, therefore, he referred the matter to the Prescribed Authority (Sub Divisional Magistrate) Hariya, District Basti. The Sub Divisional Magistrate is said to have held on 18-9-1990 that the election held by Sri Siya Ram Singh was valid and the committee of management headed by him was a duly elected committee of management. The said order is challenged in this writ petition on the ground that the Sub-Divisional Magistrate (Prescribed Authority) has erred in passing the impugned order. He has decided an infructuous dispute and has failed to decide the real controversy. It is also stated that the committee of management, which has to remain operative for three years ; after the expiry of three years he could not pass order in favour of respondent No. 4 (Siya Ram Singh). In December, 1989 the Deputy Director of Education passed an order asking the District Inspector of Schools to get fresh election of the committee of management held. It is stated that the finding given by the Prescribed Authority that the registration of the society had expired on 23 -4-1934 and the proceedings and the actions of the committee of management after that date were invalid is totally misconceived and not based on any law. The expiry of registration shall not invalidate the actions of the committee of management of the institution. The Prescribed Authority's finding about the enrolment of new members and their participation in the election is also bad. The petitioner's committee is said to be in effective control of the management of the institution. In their counter affidavit the respondents have stated that only 33 life members were made till 18-5-1986. No new member was admitted by the committee of management in the society on the basis of the list of members, initially framed. The registration of the society was done. Before 1981 the terms of the committee of management was five years. The old committee of management was to continue until the new committee of management was elected. The last election was held in 1980 in which the petitioner was elected as Manager and the respondent was elected as president. This committee of management continued up to December, 1985. According to the scheme of administration the president was authorised to conduct the election. He therefore, sent an election agenda to all the 33 life members fixing 18-5- 1986 as the date for the meeting of the general body. On 18-5-1986 in pursuance of the election agenda election was held in which Sri Vishwanath Singh was elected as president and the respondent was elected as Manager. Copy of the resolution is annexed as Annexure 2 to the counter affidavit. This meeting is said to have been attended by 25 members. The petitioner was precluded from attending the meeting of the general body for six years on the basis of serious charges against him. He is said to have filed a civil suit against the resolution dated 18-5-1986. Necessary papers of the election were sent to the District Inspector of Schools and the Assistant Registrar, Firms, Societies and Chit, Gorakhpur on 19-5-1986 for registration of the executive committee of the society. On 25-5-1986 the petitioner is said to have prepared a forged list of members of the committee of management headed by himself and in this forged election those members were shown office bearers of the committee of management who are not real life members of the general body.
(3.) IT is stated that neither the registration fee was deposited by the petitioner nor the renewal certificate was obtained by him from the office of the Assistant Registrar about his society. The scheme of administration is said to have been amended in the year 1982. The term of committee of management became three years. There was no amendment in the year 1985 in the scheme of administration The claim of the petitioner that the registration was done in 1987 is denied. The committee of management elected on 18-5-1986 was not allowed to function for three years and three months, as much the term of the committee of management will start from the day it takes over charge and starts functioning Reliance is placed on a Division Bench judgment dated 26-4-1989 a copy where of is filed as Annexure 3 to the counter affidavit. The orders passed by the Dy. Director of Education, VII Region Gorakhpur are said to be based on misrepresentation of facts. Charges are levelled against the petitioner for embezzlement of funds. Therefore, it is stated that the petitioner is not entitled to any relief under Article 226/227 of the Constitution of India. The renewal certificate is said to have been issued in favour of the respondent on 26-10- 1990, therefore, the writ petition is said to be not maintainable in the present form. In writ petition No. 2982 of 1991 (Ambika Prasad Singh v. Deputy Director of Education and others) the petitioner has prayed for quashing of the impugned order dated 28-1-1991 (Annexure 6 to the writ petition) passed by the respondent No. 2 and it is also prayed that the respondeat No. 3 may be restrained from interfering with the management of the institution in question during the pendency of the writ petition.;