- (1.) Both these writ petitions involve similar questions of fact and law and, therefore, as agreed and requested by learned counsel for the parties have been heard together and are being decided by this common judgment. Respective parties are represented by Sri V.M. Zaidi, learned Senior Advocate, Sri S.M.G. Asghar, Sri Utpal Chatterjee and Sri N.L. Pandey, Advocates and learned Standing Counsel.
(2.) The dispute has a chequered history which is evident from the fact that between the parties there has been more than a dozen of writ petitions in the last more than a decade. To appreciate real bone of contention giving rise to the present writ petitions, it would be appropriate to have a bird eye view of the relevant facts.
(3.) There is a society named, Church City Junior High School Shiksha Samiti, Sadar, Andarkot Thatherwara, Meerut, District Meerut (hereinafter referred to as "the Society") which was formed in 1997. The initial office bearers of committee of management included Sri Jagat Bihari Saxena as President and Km. J. Jacob as Manager. It was registered with the Deputy Registrar under the provisions of "Societies Registration Act, 1860" (hereinafter referred to as "Act 1860") vide Registration No. 1766 of 1996-97 dated 26.2.1997. A copy of registration certificate is on record as Annexure 1 to Writ Petition No. 65739 of 2009 (hereinafter referred to as "the first petition"). List of first set of office bearers is also at page 55 (annexed as Annexure 2 to the first writ petition), showing names of the following:;