- (1.) Sarvodaya Shiksha Samiti Kauriram, district Gorakhpur is a society registered under the Societys registration Act 1860 (in short, the Act), with its registration renewed upto 10.10.05. 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 societies, 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 laws no. 17 provides for the period of executive committee. Clause 41 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 Bye law 17 which is relevant for the purpose of this case provides that if for any special reason the election of committee of management is not held even after 3 years the erst while executive committee can function for another three months, but the said period can not 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 of 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 3 (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 panchayat members, two from life members, two from fellow, 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 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.
(3.) 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 03.11.96. 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 03.11.1996. By resolution no. 3 dated 27.10.96, the committee of management of the society authorised Sri Sita Ram, 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 29.11.96 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 no. 3 and 4 to this writ petition had filed a writ petition no. 29102 of 96 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.;