- (1.) KISSAN Vidya Sabha Shamli, Prabudh Nagar is duly registered society which runs two Institutions namely R.K. P.G. College and R.K. Inter College, Shamli. The R.K. P.G. College, Shamli, District Muzaffar Nagar is affiliated with Chaudhary Charan Singh University, Meerut and the other Institution namely R.K. Intermediate College is recognised under the U.P. Intermediate Education Act 1921. The affairs of the society is governed by its bye-laws, which is duly registered. Inevitable fall out of an election held in the management of the society results invariably in rival claims being made by the parties claiming to be legally constituted managing committee. Similar set of controversy is being raised in the present writ petition. In order to resolve the controversy in the present case certain facts are noted herein below:
(2.) THE dispute arose in respect of an election of the committee of Management/office bearers of the society which was held on 21.8.2005. In the said election one Ved Singh was elected as Secretary and Sri Jai Prakash was elected as President. Vice Chancellor, Chaudhary Charan Singh University, Meerut passed an order recognising the election of respondent no. 4 Ved Singh on 6.10.2006. Election was affirmed by the Vice Chancellor after enquiry into the complaints filed against the said election which was enquired by the City Magistrate, Muzaffar Nagar. Rival election was set up by Sri Babu Singh who placed the papers of his election before the Deputy Registrar, who referred the dispute to the Prescribed Authority for its consideration under Section 25(1) of the Societies Registration Act 1860. The Prescribed Authority in its order passed on 10.3.2008 held that the election held on 21.8.2005 in which contesting respondent Sri Ved Singh was elected as Secretary was valid. It also held that the electoral college on the basis of which the said election was conducted was valid. This order was not questioned before any forum. Fresh election was ordered by the vice chancellor by issuing a direction on 21.7.2008 which was to be held through the election officer who would be appointed by the University with the consent of the both the contesting parties. Election Officer who was appointed for conducting the election published election programme in the news paper Dainik Keshari on 12.9.2008. All the members of the general body were informed about the aforesaid election programme. As a part of process of election, list of members of the general body was pasted on the notice board of the College by the Election Officer inviting objection thereto. After examining the objection filed Election Officer published the final list of voters on 13.8.2008. Election Officer after getting the election held submitted a detailed report before the Vice Chancellor, Assistant Registrar, Firms, Society and Chits and District Inspector of Schools. Election was held on 24.8.2008. One Babu Singh set up rival claim for being duly elected office bearer of the Society on the same date i.e. 24.8.2008. He stated that the election which was held on the said date one Maharaj Singh was elected as President and Dhruvraj was elected as Vice President. Vice Chancellor vide his order dated 16.2.2009 refused to accord approval to the election of the managing committee conducted by two rival parties and directed that fresh election of the committee be held within one month. This order was challenged by the respondent no. 4 Ved Singh in Civil Misc Writ Petition No. 11575 of 2009 wherein an interim order was passed staying the order passed by the Vice Chancellor. However, the said writ petition was dismissed in default on 13.3.2012. Restoration application was also filed. Prescribed authority after examining the rival claim of the parties upheld the election of contesting respondent no. 4. It held that the claim set up by Babu Singh for election of 2008 was bogus. The said finding was recorded on the basis that it was always outgoing committee which was empowered to hold the election.
(3.) DISPUTE regarding election of 2008 which have been referred to the Prescribed Authority remained pending till 2011. It transpires that in the meanwhile fresh election of Committee of Management was held in which three rival claims were filed i.e. one by the petitioner; other by the respondent no. 4 and third by the respondent no. 5. They claim to have constituted the managing committee on the basis of election which were held in this behalf. Following date of holding the election were indicated which is as under: (a) Petitioners' date of election was 4.9.2011; (b) Respondent No. 4 Ved Singh's date of election was 29.8.2011; (c) Respondent no. 5 Babu Singh's date of election was 12.10.2009. ;