ARUN TANDON, J. - (1.) HEARD Sri Indra Raj Singh, Advocate, on behalf of the petitioner, learned Standing Counsel on behalf of respondent Nos. 1 to 3 and Sri Charanjeet Singh Yadav, Advocate, on behalf of respondent No. 4.
(2.) RAJA Ram Saheb Lal Kishan Adarsh Junior High School, Saraibika, Samiti Jaunpur, is the society duly registered under the Societies Registration Act. The said society has established a Junior High School in the name and style of Raja Ram Saheb Lal Kishan Adarsh Junior High School, Saraibika, Jaunpur. The said institution is recognised under the provisions of U.P. Basic Education Act, 1972 and is also covered by the provisions of the U.P. Junior High School Payment of Salaries of Teachers and other Employees Act, 1978, under the provisions of the registered bye -laws of the society, the elections for constituting the Committee of Management of the institution as well as those of office bearers of the society are one and the same. According to petitioner last elections of the Committee of Management took place on 12th December, 1995, in which the petitioner Sri Ram Murti Yadav was elected as Manager, while Sri Shiv Ram Chaurasiya was elected as the President. The aforesaid elections were duly recognised by the authorities concerned. The term of the Committee of Management being three years, fresh elections became due in the year 1998. According to petitioner fresh elections took place on 25th October, 1998 in which Sri Kewala Prasad was elected as the President while petitioner Sri Ram Murti Yadav was elected as the Manager. The aforesaid elections were recognised by the District Basic Education Officer vide order dated 14.12.1998.
(3.) ON the other hand, father of respondent No. 4 Sri Ram Chandra Yadav set up election dated 17.12.1995 in which it was claimed that Sri Ram Chandra Yadav was elected as the Manager, while Sri Lalta Yadav was elected as the President. The rival dispute with regards to elections held in the year, 1995 was referred for adjudication by the Assistant Registrar, Firms, Societies and Chits under Section 25(1) of the Societies Registration Act to the Prescribed Authority. However, this Court vide order dated 7th November, 1998, passed in Writ Petition No. 27539/98, held that it is not necessary to adjudicate upon the legality of the aforesaid elections by the Prescribed Authority, as the term of the elected office bearers had expired. Against the said order of the Single Judge, Special Appeal No. 1864 of 1998 was filed by respondent No. 4, which was also dismissed by the Court on 25.5.1999.;