- (1.) Janta Shiksha Prasar Samiti, Pipra Pratham, District Sant Kabir Nagar is a society registered under the Societies Registration Act and it runs a recognised and a aided Junior High School named as Janta Laghu Madhyamik Vidyalaya, Pipra Pratham, District Sant Kabir Nagar. The society and the Institution are managed by the Committee of Management constituted under bye-laws. The term of the Committee of Management is three years. Periodical elections upto 1983 were conducted. It is contended that petitioner no. 3 was regularly elected as Manager and his signatures were regularly attested by the Basic Shiksha Adhikari on various dates i.e. 17.9.1983, 21.2.1984, 17.8.1990, 23.11.1996 and 15.5.1997.
(2.) It seems that the registration of the society was renewed on the basis of papers submitted by the petitioner no. 3 as Manager on 29.8.1983. Renewal of the Society was questioned by one Prahland Singh before the Assistant Registrar, who vide his order dated 30.1.1984 recognised him as Manager and cancelled the registration of the Society granted on 29.8.1993 in exercise of power under Section 12 (D)(1) of the Act. This order was subject matter of challenge before this Court in Civil Misc Writ Petition No. 2182 of 1984 and this Court stayed the order dated 30.1.1984 passed by the Assistant Registrar. In a collateral proceedings said Prahaland Singh questioned the attestation of the signatures of petitioner no. 3 as Manager in Civil Misc Writ Petition No. 23655 of 1997. Both the aforesaid writ petitions were clubbed together by this Court and disposed of by a common judgement and order dated 16.9.1997. A direction was issued by this Court to Assistant Registrar as well as the Basic Shiksha Adhikari, Basti to pass fresh orders on the basis of facts and circumstances as they exist on that date.
(3.) Assistant Registrar, Firms, Societies and Chits after hearing the parties held that fresh election be held by invoking Section 25(2) of the Societies Registration Act on the basis of the electoral college consisting of members who were enrolled prior to dispute which had arisen in the year 1983. Direction clearly contemplates that those members who were enrolled up to 1983 would constitute the electoral colleges of the Society. On the basis of direction issued herein supra, a list of 118 members of the General Body enrolled up to to 1983 was finalised. Consequently direction was issued to hold the election on the basis of said electoral colleges. This order was questioned by Prahaland Singh in Civil Misc Writ Petition No. 27548 of 1998 challenging the order dated 2.4.1998 as also the order dated 12.8.1998 on the ground that the election can be held only by Assistant Registrar not by District Magistrate as nominated by him. This order was modified by the Assistant Registrar thereafter. Notification was issued by the Deputy District Magistrate on 3.11.1998 calling for the meeting of general body on 16.11.1998 for holding the election. This order was also challenged by Prahaland Singh in Civil Misc Writ Petition No. 37612 of 1998. Both these writ petitions i.e. Civil Misc Writ Petition No. 27548 of 1998 and 37612 of 1998 were heard and decided by judgement and order dated 10.7.2000.;