Rajiv Sharma, J. - (1.) HEARD learned Counsel for the petitioner Sri Som Kartik, appearing for the contesting respondents and Sri M.B.Singh, Counsel for the Registrar Chits, Funds and Societies.
(2.) UNDISPUTED facts are that Shiksha Prasad Samiti Dharaimafi is a society registered in the year 1955 under the Societies Registration Act, 1860 and per objects of the society, the same is running and managing an Intermediate College in the name and style of Mahatma Shiv Kumar Inter College, Sultanpur. The said educational institution is receiving grant-in-aid upto Junior High School level. In Writ Petition No. 7 of 2011, the petitioner has questioned the validity of the order dated 10.12.2010 passed by the Deputy Registrar, Firms, Societies and Chits, Faizabad, whereby, the Deputy Registrar has held that there exists a dispute of Committee of Management of the Society, hence he has referred the matter to the Prescribed Authority. The contention of the petitioner's Counsel is that the impugned order dated 10.12.2010 has been passed without application of proper mind to the facts and circumstances of the matters and also without considering the reply of the petitioner No. 2-Shiv Prasad Pathak. According to learned Counsel for the petitioner any claim of outsiders for the office-bearers of the Committee of Management cannot be entertained without deciding the objection regarding their membership. Moreover, only actual and real dispute is liable to be referred to the Prescribed Authority. In Writ Petition No. 3511 (MS) of 2011 filed by the Committee of Management through its Manager Smt. Shanti Devi and others, the order dated 24.5.2011 passed by District Inspector of Schools, Chhatrapati Sahuji Maharaj Nagar has been assailed. It is said that before passing of the aforesaid order dated 10.12.2010, which is impugned in another writ petition, the renewal certificate of the society came to an end on 10.10.2010 and as such an application was presented on 24.11.2010 by the petitioner No. 2-Shiv Prasad Pathak and requisite formalities were also completed. After necessary formalities, the certificate was renewed. Later on the District Inspector of Schools, Chhartrapati Sahuji Maharaj Nagar attested the signature of the petitioner vide order dated 20.5.2011. Subsequently, by an order dated 24.5.2011, the aforesaid order dated 20.5.2011 whereby signatures of one of the petitioners were attested, was abruptly cancelled. It has been contended on behalf of the petitioners that the said order dated 24.5.2011 is non-est and bad in law as the same has been passed without issuing notice to the petitioners and further the same has been issued in view of political influence of one sitting MLA, namely, Mr Anup Sanda, who claims himself to be the President of the Society. An affidavit has been filed by Om Prakash Pathak claiming himself to be the Manager of Committee of Management. According to Sri Som Kartik, Counsel for the contesting respondent, the election to elect Committee of Management of the Society as well as the college were held on 17.7.2010 in the college, under the supervision of senior most member of the General body of the society i.e. Laxmi Narain Mishra, in which new Committee of Management of the Society as well as of the College was elected for the next term. Mr Anoop Sanda was elected as President of the Committee of Management and Om Prakash Pathak was elected as the Manager of the Committee of Management of the society as well as of the College. The elected President by his letter dated 31.7.2011 forwarded the proceedings of the election to the District Inspector of Schools. He also pointed out that after passing of the order dated 10.12.2010 by the Deputy Registrar, the District Inspector of Schools issued a letter dated 27.12.2010 to the Basic Shiksha Adhikari, Sultanpur indicating that there exists a dispute of Committee of Management of the College and there exists no approved Committee of Management in the college as the term of last Committee of Management of the college expired on 10.10.2010 hence single hand operation order may be passed for payment of salary to teachers and other employees.
(3.) COUNSEL for the contesting respondent also submitted that the order dated 20.5.2011 was cancelled by the D.I.O.S. vide order dated 24.5.2011 as the DIOS realized its mistake in issuing the order dated 20.5.2011 because he himself had earlier written a letter dated 27.12.2010 to the Basic Shiksha Adhikari regarding existence of dispute of Committee of Management of the college. Clarifying the position, he further submitted that no opportunity of hearing is required for rectification of error apparent on the face of record. Writ Petition No. 2012(MS) of 2011 has-been filed by the Committee of Management through its President Anoop Sanda for quashing the order dated 16.3.2011 passed by Deputy Registrar, Faizabad Division, Faizabad whereby renewal of the society has been done for next five years w.e.f. 10.10. 2010. According to learned Counsel for the petitioner, the petitioner vide his letter dated 14.1.2011 informed the authorities concerned that as the dispute has been referred to the Prescribed Authority and further writ petition No. 7(MS) of 2011 is pending before the High Court, therefore, he made a request that no party to the dispute may be given recognition and also renewal of society may not be made in favour of any of the parties. Inspite of the aforesaid information having brought to the notice of the authority concerned, the Deputy Registrar renewed the registration of the society for next five years w.e.f. 10.10.2010.;