Vineet Saran, Vijay Lakshmi, JJ. - (1.) THIS is a bunch of three special appeals directed against the judgment and order dated 24.2.2014 passed in separate Writ Petitions No. 7474 of 2014, 7634 of 2014 and 7727 of 2014, which were all filed against the order dated 29.1.2014 passed by the Election Officer. The dispute in the present appeal is with regard to the election process for electing the members of the Managing Committee of the Azamgarh Muslim Education Society, Azamgarh (hereinafter referred to as the 'Society'), which runs two prestigious colleges, namely, Shibili National P.G. College, Azamgarh (hereinafter referred to as the 'PG College') and Shibli National Inter College, Azamgarh (hereafter referred to as to the 'Inter College').
(2.) THE last elections of the Managing Committee of the Society as well as of the two Institutions were held on 30.1.2011, which were in terms of the directions issued by the Division Bench of this Court in Special Appeal No. 1736 of 2010. In the said elections held in the year 2011, there were 699 members of the general body of the society. It is not disputed that the general body of the society is the same as that of the two institutions. In terms of the said elections held on 30.1.2011, there were 18 members elected for the Managing Committee of the Society and 18 separate members of the Managing Committee of the PG College, Azamgarh and 17 members of the managing committee of the Inter College, Azamgarh. The said elections were held by the Court appointed Additional District Judge as the Election Officer. No dispute with regard to the said elections was raised by any of the parties. Then on 3.12.2013, the President of the then Managing Committee Sri Abu Saleh Ansari (respondent No. 12 herein) issued a notice for holding of fresh elections of the Managing Committee on 26.12.2013. Another notice dated 5.12.2013 was issued by the Secretary of the society Sri Mohd. Tayyab (appellant herein) fixing 29.12.2013 for elections of the Managing Committee. Five independent members of the general body then filed a Writ Petition No. 69973 of 2013 praying for a direction in the nature of mandamus to the Assistant Registrar to get the elections held through an independent authority. By detailed judgment and order dated 19.12.2013 passed in the said writ petition, the learned Single Judge passed an order for holding of elections of the Managing Committee as well as of two institutions of the society, which was in terms of the directions issued by the Division Bench of this Court in Special Appeal No. 1736 of 2010 with regard to the earlier elections. The said order was passed with consent of learned Counsel for the parties. The operative portion of the said judgment dated 19.12.2013 passed in Writ Petition No. 69973 of 2013 is reproduced below: "In this view of the matter when all the parties have agreed that the election should be held by the Judicial Officer, it is appropriate that election for constituting the Committee of Management of the Society and the Institutions should be held by an Additional District Judge of Judgeship Azamgarh to be nominated by the District Judge, Azamgarh. The Judicial Officer, who shall act as the Election Officer, shall determine the members entitled to participate in the election after inviting objections and shall thereafter fix the election schedule on Saturday and Sunday in the month of January, 2014. The entire process should be completed by 31st January, 2014. Any person aggrieved with the list finalised by the learned Additional District Judge can file objections after the election is held and the result is declared before the appropriate authority. The Society shall also pay a sum of Rs. 35,000/ - as honorarium to the learned Additional District Judge nominated by the District Judge, Azamgarh. The parties shall file a certified copy of this order before the District Judge, Azamgarh who shall do the needful. Needles to say that notices referred to above for holding the elections on 29.12.2013 and 26.12.2013 shall not be given effect to. The writ petition is, accordingly, disposed of with the aforesaid observations."
(3.) PURSUANT to the said order, the District Judge appointed Sri Jai Prakash, Additional District Judge to function as Election Officer for conducting the elections of the Managing Committee of the society as well as of the two institutions. Then, on 13.1.2014 an order was passed by Sri Jai Prakash, Additional District Judge, Azamgarh (functioning as Election Officer) wherein it was noted that he had been appointed as Election Officer by the District Judge vide order dated 8.1.2014. It was also noted in the said order that Dr. Z. Alam (respondent No. 4 in this appeal), Mohd. Tayyab (appellant), Ashraf Gaznavi (respondent No. 13 in this appeal) had filed applications dated 24.12.2013, 6.1.2014 and 1.1.2014 respectively and had filed their list of members of the society. A direction was given to handover the respective lists to each other within three days and if anybody was aggrieved with the said list, they may file an objection within a week. The applicants were also directed to supply the Bye -laws of the society, the Rules and Scheme of Administration within a week to the Election Officer, so as to enable him to determine the electoral college. Then on 20.1.2014, the Election Officer issued notice to Sri Ashraf Gaznavi as Vice -President of the Society to submit the list of members of previous elections of the society and also inform as to how many such members had died and how many new members had been substituted in place of the dead persons. Then on 23.1.2014, the said Sri Ashraf Gaznavi wrote to the Election Officer that beyond 699 members, 239 members had been inducted vide resolution dated 2.12.2013, who may be included in the electoral college.;