- (1.) SUNIL Ambwani, J. Sarvodaya Shiksha Samiti Kauriram, District Gorakhpur is a society registered under the Society's Registration Act, 1860 (in short, the Act), with its registration renewed upto 10-10-2005. The society runs many educational institutions including Sarvodaya Kisan Intermediate College Kauriram, District Gorakhpur. The bye-laws of the society provide for several categories of members. This includes ex- officio members, nominated members, Panchayat members, patrons, fellows, life members, ordinary members and special members. The management of the society vests in an executive committee. The District Magistrate, Gorakhpur; Sub-Divisional Magistrate Basgaon; Tehsildar Basgaon, all the principals of the institutions run and managed by the society; and one representative of the employees of every such educational institution are provided to be the ex-officio members. The District Magistrate or person nominated by him is an ex- officio, president of the society. Bye-law No. 17 provides for election of the executive committee. Clause (1) of bye-law 17 provides that the period of executive committee shall be of three years, and after every three years members of the committee shall be elected in the annual general meeting. Those members, who have completed their terms, are also entitled to be re- elected. A proviso to clause (1) provides that where elections are to be held in the annual meeting, a 60 days notice shall be given to all the members, who are entitled to cast their votes. As far as possible the District Inspector of Schools may appoint an observer for the meeting who shall be a retired member of any Government college or a senior officer of the education department who is not concerned with the affairs of the educational selection. Any senior Dy. Inspector of Schools can also be appointed an observer. Clause (2) of By law 17, which is relevant for the purposes of this case provides that if for any special reason the election of committee of management is not held even after three years, the erstwhile executive committee can function for another three months, but the said period cannot be extended. Under bye-law 12 and 14 (6) the election must be held by 30th June, and in any case in special circumstances under specific instructions the committee the elections must be held before October, and if it is not possible, the President shall be competent to take steps under Bye-law 33 (2) which gives emergency powers, to be approved by general body in a meeting convened within three months. Clause (3) of Bye-law 17 provides that the office bearers of the executive committee shall continue to function until their successors are elected. New office bearers shall be elected according to Bye-law 24. These includes a Vice President, a secretary (Manager), and Joint Secretary (Deputy Manager), to be elected from amongst the executive committee.
(2.) BY law 18 provides for Constitution of committee. It provides for representation of each categories of members of society. Two members are to be elected by the ordinary members, one from among panchyats members, two from life members, two from fellows, one from patrons and one from special members. BYe-law 19 provides that apart from aforesaid nine elected members the District Magistrate, the Sub-Divisional Magistrate Basgaon; Tahsil Basgaon; the principal of Sarvodaya Kisan Intermediate College and two representative of teachers and employees as it is provided in the scheme of the administration, shall be the members of the executive committee. Bye-law 20 provides that the District Magistrate, Gorakhpur or a member nominated by him shall be the president of the general body and executive committee and preside over the general meeting, or the meeting of the executive committee and in his absence the vice-chairman shall discharge the duties. In the absence of both the chairman and vice-chairman the members present in the meeting shall elect a chairman to preside over the said meeting. The elections to elect executive committee of the society and consequently the Committee of the Management of the college were held on 3-11-1993. The next elections were due on or before 3-11-96. The principal of the college by his letter dated 17-10-96 requested District Inspector of School to appoint an observer for the elections to be held on 3-11-1996. By resolution No. 3 dated 27-10-96, the Committee of Management of the society authorised Sri Sitaram Rai, the secretary of the committee and the manager of the Committee of the Management of the college, to increase members of the society. The District Inspector of School, Gorakhpur by his letter dated 29-10-96 expressed his inability to appoint observer for elections to be held on 3-11-96 on the ground that in pursuance of the direction of the High Court at Allahabad dated 10-9-96 and the order of the District Magistrate, Gorakhpur dated 15-10-96, the matter with regard to membership is to be heard and decided by District Magistrate. It is relevant to state here that respondent Nos. 3 and 4 to this writ petition had filed a writ petition No. 29102 of 1996 in which a direction was issued by this Court on 10-9-96 to the District Magistrate to decide their representation dated 18-7-96 regarding their membership. The order for deciding representation was passed by this Court on the first date of hearing without issuing notices and hearing the respondents, and which gave rise to this litigation. In pursuance of resolution dated 27-10-96 of the executive committee of the society, the secretary, proposed induction of new members. The executive committee vide its resolution No. 4 dated 24-11-06, approves their names and decided to admit them as members in their respective categories thereby increasing the total membership of the Samit to 134 excluding the ex- officio members. In the meantime the principal of the college by his letter dated 2-6-97 again requested District Inspector of Schools to permit petitioners to hold the elections.
(3.) THE District Magistrate Gorakh-pur vide his order dated 10-6-97 decided the representation made the respondents 3 and 4 and directed the Executive Committee of the society to admit them as members of the society. The Committee of Management accepted the orders and issued notices dated 25-6-97 to respondents 3 and 4 to deposit their membership fees. It is alleged that they did not pay the fees and thus one more opportunity was given to them to pay the membership fees vide notice dated 19-8-97. The District Magistrate accepted application of one Sri Ram Briksha Rai, a member of the society dated 16-9-96, to hold the elections which were due to be held on 3-11-96 on the basis of the members admitted prior to 3-11-93. One Sri Markandey Rai approached District Magistrate stating that the order has been passed without hearing the affected parties. On this representation the District Magistrate, stayed operation of his order dated 18-8-97. Thereafter, principal of the college as well as secretary sent several letters to District Inspector of School, Gorakhpur to permit them to hold the elections vide their letters dated 30-6-98, 6-11-98, 5-4-99 and 21-4-99 and continued to request to District Inspector of School, Gorakhpur to appoint an observer for holding elections. Finally by election notice dated 30-12- 99 the elections were announced and the list of members of the society were published on the notice board of Sarvodaya Kisan Intermediate College Kauriram, Gorakhpur, on 5-1-2000 informing elections to be held within 15 days. It is alleged that notices were given to all the members which included the names of members admitted by resolution No. 6 dated 30-6-1996 and resolution No. 4 dated 24-11-96, and once again request was made to District Inspector of School to appoint an observer. The District Inspector of School directed the Accounts Officer of his office to verify the validity of the list of the members on which the Accounts Officer made enquiries and submitted his report dated 11-4-2000 verifying its validity. The District Inspector of School Gorakhpur, thereafter by his letter dated 27-5-2000 informed the secretary of the society that the list of the members has been verified and was found to be genuine and that one Sri Ravinder Nath Tripathi was appointed as observers for the elections. The election were held on 11-6-2000 in which Sri Sitaram Rai, Petitioner No. 1 was elected as Secretary of the society. It is alleged that 92 members participated in the election. The observer submitted his report on 16-6-2000 to the District Inspector of Schools and on the aforesaid report the District Inspector of Schools approved signatures of Sri Sitaram Rai, petitioner No. 1 vide his orders dated 3-7-2000. Respondents 3 to 10 filed an application before the Additional Registrar of Accounts, Society and Chips Gorakhpur and Respondent No. 1 on 10-10-2001 to declare the elections of the society dated 11- 6-2000 as invalid and to hold fresh elections, on the grounds that the members admitted after 3-11-93 were not valid members; respondents No. 3 and 4 were illegally excluded from the voters list, and that executive committee of which the term had expired could not have held the elections on 11-6-2000. The District Inspector of Schools on the instructions received from the District Magistrate summoned an urgent meeting to be held in the college regarding the elections of the society on 23-10-2001. It is alleged that petitioner produced all the records in the meeting before the District Magistrate, Gorakhpur, but he did not care to look at them. An order was issued on 24-10-2001 by the District Magistrate directing Assistant Registrar to enquire into the validity of the elections. In pursuance of the notices issued by Additional Registrar, respondent No. 1, petitioners submitted their reply on 11-12- 2001. The matter was heard and by impugned order dated 20-12-2001, the Assistant Registrar declared the elections of the executive committee of the society dated 11-6- 2000 as invalid and directed fresh elections to be held in exercise of powers under Section 25 (2) of the Act, appointing District Inspector of Schools Gorakhpur as election officer, to hold elections from the list of members of general body appended to the order. The District Magistrate in exercise of powers under Bye-law 33 (2) by his order dated 31-12-2001 assumed the entire powers of management of the society to discharge the functions of the management. He notified the election schedule fixing 3-3-2002 as a date for holding elections of the Committee of Management, and 9-3-2002 for election of office bearers for Committee of Management.;