- (1.) THE main question involved in this special appeal is, whether the procedure of elections of committee of management of the DAV Intermediate College, Meerpur, District Allahabad (the College) prescribed in the bye-laws of the Aryan Educational Trust (the Society) is in conflict with the scheme of administration of the College. THE FACTS
(2.) THE Society is registered under the Societies Registration Act. At present, it runs three institutions namely, a Music School, a Junior High School, and the College. It's bye-laws provide not only regarding the elections of the executive committee of the Society but also of the committees of management of different institutions run by it. In the bye-laws of the Society, the procedure prescribed for the elections of the committees of management is a kind of indirect election. The members of the Society elect 25 member executive committee of the Society. This executive committee elects the committees of management of different institutions among themselves. The undisputed election of the committee of management of the College was held on 28.10.2007 in accordance with the procedure provided in the bye-laws of the Society. In this elections, Sri Virendra Kumar Srivastava (the Appellant) was elected as the Manager of the college.
(3.) ACCORDING to the Appellant, the next election of the committee of management was hold on 23.10.2010 in which the Appellant was again elected the Manager. The papers were also sent to the District Inspector of Schools, Allahabad (the DIOS) on 28.10.2010 for granting recognition. According to Sri Pankaj Jaiswal (the contesting respondent), the elections were held on 14.2.2010 in which he was elected the Manager of the College. He also sent papers to the Assistant Registrar as well as to the DIOS to recognise his elections.;