COMMITTEE OF MANAGEMENT, KISHAN INTER COLLEGE Vs. REGIONAL LEVEL COMMITTEE/JOINT DIRECTOR OF EDUCATION
LAWS(ALL)-2013-3-218
HIGH COURT OF ALLAHABAD
Decided on March 05,2013

Committee of Management, Kishan Inter College Appellant
VERSUS
Regional Level Committee/Joint Director of Education Respondents

JUDGEMENT

Arun Tandon, J. - (1.) KISAN Education Society is a society duly registered under the Societies Registration Act having its own bye -laws. The society runs and manages a recognized intermediate college in the name and style of Kisan Inter College, Bhagya Nagar, Auraiya. These three writ petitions pertain to the office bearers of the society and the college run by it. The writ petitions are being clubbed together and are being decided by means of this common judgment. I have heard Sri Yogesh Kumar Saxena on behalf of the faction led by Sri Shailendra Gupta and Sri Yogish Kumar Saxena on behalf of the faction led by Sri Ashok Yadav.
(2.) THE facts in short relevant for deciding these writ petitions are as follows: Upto 2003 there was no dispute with regards to the office bearers of the society/college. Two elections were set up dated 10.5.2003 and that dated 25.5.2003. In the first election Sri Ram Sewak Gupta is stated to have elected as Manager while Sri Shailendra Gupta is stated to have elected as Deputy Manager. These elections are stated to have been approved by the Regional Joint Director of Education under order dated 11.9.2003. The elections dated 25.5.2003 were disapproved in which Sri Ved Prakash Gupta claimed to be elected as the Manager. Writ Petition No. 44489 of 2003 was filed by Ved Prakash Gupta wherein an interim order was granted. During the pendency of writ proceedings, Ram Sewak is stated to have resigned and in his place Shailendra Gupta is stated to have elected as Manager for the remaining term on 26.2.2006. The election of Shailendra Gupta for remaining term is stated to be approved by Regional Joint Director of Education on 18.4.2006. Again two sets of fresh elections dated 14.5.2006 and dated 23.5.2006 were pleaded by the rival parties. The Regional Level Committee, Kanpur under order dated 10.8.2006 held that the elections dated 14.5.2006 in which Shailendra Gupta was elected as Manager were not legal and the elections dated 23.5.2006 in which Ashok Yadav was elected as Manager were legal and valid. While the matter was still engaging the attention of Regional Level Committee, Writ Petition No. 41453 of 2006 was filed by Shailendra Gupta alleging that he has no confidence in the Regional Level Committee, Kanpur Region and the matter may be transferred to some other Regional Level Committee.
(3.) WRIT Petition No. 44489 of 2003 and Writ Petition No. 41453 of 2006 were clubbed together and decided under a common judgment dated 10.8.2006. The High Court directed that matter shall be heard by the Regional Level Committee at Allahabad. This order has become final between the parties.;


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