Ashwani Kumar Mishra, J. - (1.) SIDDHESHWAR Nath Inter College, Kotawa, Narayanpur, Ballia, (hereinafter referred to as 'institution') is a recognized and aided institution imparting education upto intermediate level. The institution is being run by a society known as Sri Siddheshwar Nath Uchchatar Madhyamik Vidyalaya Samiti, Kuti, Kotwa, Narayanpur, Ballia, (hereinafter referred to as 'society'). The writ petition Nos. 58747 of 2011, 59012 of 2012 and 26320 of 1997 were listed as connected matters and have been heard together, and since they pertained to the same institution, therefore, with the consent of learned counsel for the parties, all the writ petitions are being disposed of by this common judgment.
(2.) THE facts relevant for the purposes of adjudicating the dispute involved, are that Sri Siddheshwar Nath Uchchatar Madhyamik Vidyalaya Samiti, Kuti, Kotwa, Narayanpur, Ballia, is a society registered under the provisions of the Societies Registration Act, 1860, in the year 1964. The society stood renewed since 15.1.1986 upon the papers for renewal submitted by Sri Swami Onkaranand in his capacity as the manager of the society. The society is running an educational institution, which is governed by the provisions of its approved Scheme of Administration. The Deputy Director of Education (hereinafter referred to as 'Deputy Director') passed an order on 28.12.1986, superseding the committee of management of the institution and appointed an authorized controller for the purposes of managing the institution and holding of fresh elections. The authorized controller took charge on 1.1.1987. Thereafter, elections were claimed to have been held, wherein it is alleged that Sri Swami Onkaranand was elected as president and Sri Narayan Bharti was elected as manager. The elections were recognized by the District Inspector of Schools, Ballia, (hereinafter referred to as 'inspector') on 1.8.1991. The Assistant Registrar, Firms, Societies and Chits, (hereinafter referred to as 'Assistant Registrar') in respect of the society registered the list of office bearers led by Sri Swami Onkaranand and also granted renewal by his order dated 4.6.1990 and 11.9.1990. In respect of the rival claim of Sri Murli Rai, it was observed that in case he feels aggrieved, he may seek reference under Section 25(1) of the Act. The aforesaid proceedings were challenged by Sri Murli Rai by filing writ petitions Nos. 20494 of 1990 and 21429 of 1991. These writ petitions were decided by this Court on 27.9.1995, with the observation that the authorized controller may hold elections of the office bearers of the institution, within a period of three weeks and dispute, if any, with regard to membership of the society, be decided before such elections and with the aforesaid observations, the writ petitions were held to have been rendered infructuous. The authorized controller demanded list of members from the Assistant Registrar but no such list was provided, instead Sri Swami Onkaranand furnished a list of 15 members countersigned by the Assistant Registrar to the authorized controller. The inspector finalized the list of 15 members, on the basis of list furnished by Sri Swami Onkaranand and the election proceedings were initiated on 11.10.1996. The order dated 11.10.1996 of the inspector, who was the authorized controller, got challenged by Sri Murli Rai, by filing writ petition No. 35024 of 1996, which was disposed of on 1.11.1996, permitting the Deputy Director to decide the issue. Pursuant to the order dated 11.10.1996, the elections under the orders of the inspector were held under the supervision of the Election Officer on 7.11.1996, which was recognized by the inspector and the signatures of Sri Swami Onkaranand as manager was attested on 24.12.1996. It appears that Sri Murli Rai made a representation against the aforesaid proceedings and the District Magistrate consequently passed an order directing the Additional District Magistrate (Finance and Revenue), Ballia, to ensure handing over of charge by the inspector to the elected office bearers. The Additional District Magistrate (F & R) appears to have passed an order on 7.2.1997, for handing over the charge to Sri Swami Onkaranand. This order of the Additional District Magistrate (F & R) has been challenged by Sri Murli Rai, by filing writ petition No. 5915 of 1997, wherein an order was passed on 21.2.1997 directing the Deputy Director to resolve the dispute, within three weeks and to maintain status quo, till then.
(3.) PURSUANT to the orders passed in writ petition No. 35024 of 1996 dated 1.11.1996 as well as in writ petition No. 5915 of 1997 dated 21.2.1997, the Deputy Director proceeded to examine the issue. The issue of membership was pressed before the Deputy Director with regard to 14 members, who had been inducted by Sri Swami Onkaranand pursuant to order dated 15.6.1990 passed by the inspector. The Joint Director of Education (hereinafter referred to as 'Joint Director') disapproved such induction of 14 new members by Sri Swami Onkaranand and also the electoral college so determined on 10.10.1996. In view of the membership itself having been discarded of 14 new members, the Deputy Director proceeded to disapprove the consequential election dated 7.11.1996, electing Sri Swami Onkaranand, by his order dated 31.5.1997/2.6.1997. A further direction was issued that that the authorized controller would continue in the institution and he would enroll new members in accordance with clause 3 of the new Scheme of Administration (hereinafter referred to as 'scheme') after due publication, under intimation to Sri Swami Onkaranand and Sri Murli Rai and fresh elections thereafter be conducted. The order dated 31.5.1997/2.6.1997 as well as advertisement issued on 10.6.1997 for enrolling members came to be questioned by the committee through its manager Sri Swami Onkaranand by filing writ petition No. 20568 of 1997, which was dismissed in default on 30.3.2009. An application for restoration alongwith an application for substitution was filed on the ground that Sri Swami Onkaranand had died on 3.2.2011, and therefore, Pramod Kumar Upadhyaya be substituted in his place. The restoration application was allowed on 6.1.2012 and the substitution application was rejected on 22.5.2012, on which date, the writ petition was also dismissed by the following order: "Heard learned counsel for parties and perused the record. Writ petition is directed against the order dated 31.5.1997 passed by Deputy Director of Education (Secondary), Azamgarh appointing Authorized Controller with the direction to hold fresh elections in accordance with the observations made therein. Learned counsel for petitioner submitted that pursuant to the said order, fresh elections were held wherein also petitioner was elected. He, however, submitted that Deputy Director of Education has entered into dispute of Membership which is without jurisdiction. I do not find any reason to go into this question for the reason that even in the election impugned in this writ petition, petitioner's Committee of Management has been elected in new election pursuant to the said order. Therefore the issue sought to be raised is an academic one and need not to be adjudicated in this writ petition. Dismissed.";