Ashok Bhushan, J. - (1.) We have heard Sri Ashok Khare, senior advocate assisted by Sri J.P. Singh for the appellant, Dr. R.G. Padia, senior advocate assisted by Sri R. N. Yadav for respondent Nos. 3 and 4 and Sri Anil Tiwari for respondent Nos. 1 and 2.
(2.) By this special appeal, appellant has prayed for quashing the judgment dated 27th November, 2002 passed by learned single Judge in Writ Petition No. 45067 of 2002 filed by respondent Nos. 3 and 4.
(3.) Brief facts giving rise to this special appeal are ; Sri Durgaji Post Graduate College, Chandeshwar, Azamgarh is a college affiliated to Veer Bahadur Singh Purvanchal University, Jaunpur. Late Sri Chandrabali Shastri Brahmchari executed a registered trust deed on 5th December, 1962, creating a Trust to run and manage Durgaji Post Graduate College. A Society was also registered on 30th September, 1964 under Societies Registration Act, 1860. On 16th September, 1997, trust deed was amended and a Will deed in favour of one Sri Phool Chandra Singh was executed by Sri Chandrabali Shastri Brahmchari. Sri Phool Chandra Singh was to be Manager of the Trust and institution. On 12th October, 1999, an election of the Committee of Management was held in which Dr. Dhirendra Singh was elected as President, late Sri Chandrabali Shastri Brahmchari as Manager and Sri Kanhaiya Singh as Deputy Manager. The election dated 12.10.1999 was communicated to the University and was recognised by the University. Before the term could expire, Sri Chandrabali Shastri Brahmchari died on 27.9.2000. The Committee of Management passed a resolution on 29.9.2000 electing Sri Kanhaiya Singh (who was functioning as Deputy Manager) as Manager for the remaining term of the committee. The Vice Chancellor vide its letter dated 13.10.2000 approved the resolution dated 29.9.2000. A writ petition being Writ Petition No. 53162 of 2000 was filed by respondent Nos. 3 and 4 praying for writ of certiorari for quashing of the order dated 30.10.2000. A writ of mandamus was also claimed for restraining the Committee of Management through Kanhaiya Singh from interfering in any manner with the peaceful functioning of the Committee of Management claimed to be represented by respondent Nos. 3 and 4. In the aforesaid writ petition, initially an interim order was granted but the writ petition was finally dismissed on 26th March, 2001. The orders of the Vice Chancellor recognising the selection held on 12th October, 1999 and recognising Sri Kanhaiya Singh as Manager were upheld. Against the judgment dated 26th March, 2001, a special appeal being Special Appeal No. 503 of 2001 was filed by respondent Nos. 3 and 4 which has been admitted but no interim order was passed by this Court. The term of the Committee of Management, which was managing affairs of the college, was coming to an end, hence the functioning Committee of Management wrote a letter dated 26th August, 2002, praying for appointment of Observer for the election of the Committee of Management. The Vice Chancellor vide its letter dated 14.9.2002 appointed one Dr. Sachchidanand Rai, Principal, Gandhi Smarak Triveni Post Graduate College, Varda, Azamgarh as Observer. The election of the Committee of Management was held on 28th September, 2002, in presence of the Observer appointed by the University in which appellant's Committee of Management was elected. The Observer appointed by University submitted a report on 28th September, 2002, itself that appellant's Committee of Management has been elected with Kanhaiya Singh as Manager.;