V.K.Shukla, J. - (1.) Petitioners claiming themselves to be the Committee of Management of Kisan Degree College, Simbhaoli, Ghaziabad, have approached this Court questioning the validity of the order, dated 5.7.2003, passed by the Vice-Chancellor of Chaudhary Charan Singh University, Meerut, cancelling earlier order of approval, dated 10.4.2003 and restoring status-quo ante and further directing fresh elections to be held under the supervision of the Assistant Registrar, Firms, Societies and Chits.
(2.) Brief background of the case as disclosed in the writ petition is that in the district of Ghaziabad, there is a recognised institution known as Kisan Degree College, Simbhaoli, affiliated to Chaudhary Charan Singh University, Meerut. It has been asserted that after the year 1988, no valid elections have been held, and in the said elections of the year 1988, one Surendra Pal Singh was elected as President and one Virendra Singh as Secretary. It has been contended that large scale problems were being faced on account of the provisions contained in the bye-laws of the society, as there were more than 200 members from the Cane Development Union Simbhaoli. It has been mentioned therein that in order to amend the delegate-based constitution, meeting of General Body was held on 1.4.1993, which appointed a Committee of three persons, viz. Dr. Sukhbir Singh, Sri Ashif Khan and Sri Ram Nath Singh. The Committee is alleged to have submitted its report and the amendments suggested were accepted by the General House on 2.5.1993. It has also been asserted that the said amendment was duly accepted by the Vice-Chancellor on 3.12.1993. It has been contended that on account of this amendment delegate members of the Cane Development Union, Simbhaoli and Sugar Mills Ltd. Simbhaoli lost their membership for subsequent years and only two founder patrons and 60 members, who were made members up to 1995 were left as genuine members. It has also been contended that in the year 1996 Surendra Pal Singh and Virendra Singh installed Kanak Singh and Raj Singh as President and Secretary respectively to run and manage the affairs of the college, and their signatures were duly accepted. Much stress has been laid on the fact that at no point of time their elections had been approved. Petitioners have contended that meeting of the General Body took place on 5.1.2003 in the College Campus under the Presidentship of Raj Singh, wherein 60 members were present and election program was finalized, and on 16.2.2003 elections were held. It has been further submitted that thereafter, entire papers were transmitted for approval and after due enquiries were made, the said elections are alleged to have been approved on 10.4.2003. Thereafter, Raj Singh made a complaint to the Vice-Chancellor and the Vice-Chancellor appointed five-man enquiry committee headed by Dr. Hari Om Gupta. The Committee submitted its report and other persons also came forward and made complaint. Petitioners submit that on the said complaint and the report of the committee, hearing took place, and thereafter order impugned has been passed, which is subject matter of challenge in the present writ petition.
(3.) Counter-affidavit has been filed on behalf of Kanak Singh, and therein much stress has been laid on the fact that petitioners have tried to practice fraud, and further that University has no authority or jurisdiction to amend the bye-laws of the society. Much stress has also been laid on the fact that society having nomenclature as 'Educational Society. Simbhaoli, District Meerut' had become defunct after 'Kisan Degree College Society' was incorporated, and thus no reliance can be placed on the proceedings held in the name of 'Educational Society, Simbhaoli, District Meerut'. Much stress has also been laid on the fact that the petitioners had no authority to hold election and the right to hold elections vested in the outgoing Committee of Management of the Institution and not in the petitioners, and, as such, entire election proceedings are void. In respect to elections held on 26.4.1996, it has been contended that papers were transmitted, and the said Committee of Management thereafter started functioning and was being treated as validly elected Committee of Management by each and every authority concerned. In respect to bye-laws, which came into existence on 25.9.1962, it has been asserted that same has not been amended, as the bye-laws can be amended by two-third majority of the members of the General Body of the society and that too when special meeting is called for, for the said purpose. Further, it has been contended that at no point of time said amendments had been approved by the Assistant Registrar, Firms, Societies and Chits. In this background, it has been contended that entire proceedings are farce and fictitious and no credibility can be attached to the same.;