- (1.) THE present writ petition is directed against an order passed by the Regional Level Committee dated 1.11.2013. The Regional Level Committee rejected the grievance of the petitioner that election dated 8.1.2012 was vitiated on account of non -inclusion of 400 members claimed to have been validly enrolled. The order of the Regional Level Committee, impugned herein, was passed in purported compliance of the directions issued on 3.4.2013 in writ petition no.66069 of 2012.
(2.) FACTS , in brief, of the case is that there exists a society known as Swatantra Bharat Junior High School Belwar, Jaunpur, which is registered under the Society Registration Act, 1860, and the said society runs an institution known as Sri Swami Krishna Nand Inter College, Belwar, Jaunpur. Institution in question is governed by the provision of U.P. Intermediate Education Act, 1921 and by virtue of being in grant -in -aid, the provision of U.P. Act No. 24 of 1971 is also applicable. The affair of the said institution is to be run and managed as per the approved scheme of administration. As per the approved scheme of administration the tenure of the committee of management is of 3 years and admittedly in the last election of the Committee of Management held petitioner no.2 was elected as Manager and Sri Yagya Narain Singh, president of committee of respondent no.4, was elected as President of the Committee of Management. As the tenure of the Committee of Management is only 3 years as per the petitioners, and the same was to expire on 15.4.2010, so before the expiry of 6 months of the term of committee of Management, as provided under the amended scheme of administration, the petitioner no.2 called a meeting of the committee of management on 27.9.2009 and passed a unanimously resolution to make new members and to publish the same in daily newspaper. On 30.9.2009 publication was made in daily newspaper "Dainik Manyawar" inviting application to deposit membership fee upto 30.11.2009, who were willing to be member of the society. Upto the last date 30.11.2009, 400 persons deposited their membership fee and became the member of the society. It is also stated that the petitioner no.2 deposited the membership fee so collected on 26.11.2009 and 30.11.2009 in the Head of the Account No. 451 Kashi Gomati Samyut Gramin Bank Belwar, Branch, Jaunpur. List of new members was duly approved by Committee of Management, in its meeting dated 27.12.2009. As the tenure of the out going committee of Management was to expire on 15.4.2010 so on 3.2.2010 the petitioner no.2 published in daily newspaper Dainik Manyawar that the meeting of the General body of the society is to be held on 21.2.2010. On 21.2.2010 the meeting of the general body was held and election programme was finalized and Dr. Vijay Kumar Singh, Principal, Sarswati Bal Vidya Mandir Uchchatar Madhyamik Vidyalay, Shastri Nagar, Jaunpur, was appointed as election officer. Vide meeting dated 21.2.2010, the election programme was finalized and on 12.3.2010 the petitioner no.2 addressed a letter to District Inspector of Schools, seeking permission to publish election programme, but no action was taken by the District Inspector of Schools and after passing of one week time, as per amended bye -law, on 22.2.2010 the petitioner no.2 declared the election programme of the committee of management and published the same in daily news paper Dainik Manyawar. Vide letter dated 25.3.2010 the petitioner asked for election observer from District Inspector of Schools and in turn the District Inspector of Schools vide letter dated 25.3.2010 appointed Sri Ram Chandra Singh Associate District Inspector of schools as election observer. On 28.3.2010 the election of the committee of management was duly held under the supervision of election observer Mr. Ram Chandra Singh and petitioner no.2 was reelected as manager of the committee of management and Mr. Manoj Kumar Singh was elected as President of the committee of Management. District Inspector of Schools vide his order date 20.4.2010 approved the election of the Committee of Management of the petitioner. Against the approval order dated 20.4.2010 respondent no.4 filed writ petition before this Court being Civil Misc. Writ Petition No. 26996 of 2010 and this Court disposed of the writ petition vide order dated 13.5.2010 directing the petitioner of said writ petition to approach the Regional Level Committee, which was to take decision after hearing the parties concern. Against the order dated 13.5.2010, the respondent no.4 preferred special appeal no. 842 of 2010 and this Court vide order dated 25.5.2010 disposed of the special appeal with observation that the factual dispute may be adjudicated by the Regional Level Committee. On 16.4.2010 the respondent no.4 made application before the Joint Director to decide the case under Section 16 -A (7), stating therein that the election of the committee of management has been held on 28.3.2010 under the supervision of election officer Kamla Shankar Mishra Ex -Block Pramukh and Mr. Sita Ram Tiwari was said to be elected as Manager and Mr. Yagya Narayan Singh is elected as President and also alleged that the petitioner no.2 had got a manipulated election of the committee of management as such there is two parallel committee so the matter be decided under Section 16 -A(7) of the U.P. Intermediate Education Act, 1921. In pursuance of the order dated 13.5.2010 and 25.5.2010 passed by this Hon'ble Court, the matter was placed before the Regional Level Committee on 20.7.2010.
(3.) THE Regional Level Committee passed an order on 14.9.2010, whereby the election of the petitioner committee was disapproved and the rival election, wherein Sri Yagya Narain Singh was elected, as president and Sri Sita Ram Tripathi, as manager, was accepted. A writ petition no.60082 of 2010 was filed, challenging the order of the Regional Level Committee and the same was allowed on 21.7.2011 and the order dated 14.9.2010 was quashed and the Joint Director of Education was directed to appoint authorized controller, who was to finalize the list of members of the general body, and thereafter, to hold elections, in accordance with law. Since a direction was issued to appoint authorized controller for holding fresh elections, therefore, special appeals came to be filed by both the factions being special appeal no.1490 of 2011 and 1491 of 2011, both of which were dismissed on 12.8.2011. The authorized controller was appointed, who proceeded to determine the electoral college of the institution, vide his order dated 27.11.2011. This order was passed by Sri Bhaskar Mishra, in his capacity as authorized controller. The authorized controller also published the election programme.;