- (1.) Heard Sri Gajendra Pratap Advocate on behalf of the petitioner, Sri V.K. Upadhyaya Advocate on behalf of respondent Nos.1 and 2, Sri Ashok Khare, Senior Advocate, assisted by Sri S.D. Shukla Advocate on behalf of respondent Nos. 3 and 4 and the Standing Counsel on behalf of respondent Nos. 5 and 6.
(2.) Shri Arya Mahila Hitkarini Maha Parishad, Lahurabir, Varanasi, is a society duly registered under the Societies Registration Act, 1860. Petitioner No.2, Ram Janam Rai, claims himself to be the old trustee and life member of Shri Arya Mahila Hitkarini Maha Parishad, Lahurabir, Varanasi (society). The said society runs and manages various educational institutions including Degree College and Inter College at Varanasi. The dispute giving rise to the present writ petition is confined to management of Arya Mahila Degree College, Chetanganj, Varanasi. The aforesaid degree college is affiliated to Banaras Hindu University in accordance with the provisions of Banaras Hindu University Act and statutes framed thereunder. The college receives 47.5% maintenance grant from the State Government and 47.5% maintenance grant is received from the University Grants Commission. The remaining 5% of the maintenance expenditure is borne by the management of the college. It is not in dispute between the parties that the executive committee of the society is elected every three years under the bye-laws of the society which in turn forms the Committee of Management for the Degree College. It is further admitted that no separate scheme of administration contemplating any other elections for the Committee of Management of the Degree College has been enforced. It is alleged that the elections of the Executive Council of the Society took place on 2-4-2002 and the said Executive Council formed the Committee of Management of the Degree College on the same day for managing the affairs of the Degree College. One Dr. Shashi Kant Dixit, respondent No. 4, is alleged to have elected as Manager of the College. The legality of the aforesaid elections was subject matter of dispute before this Court in Writ Petition No. 14246 of 2003. Under the orders of this Court dated 5-3-2004 the matter was referred to Assistant Registrar, Firms, Societies and Chits, Varanasi, to examine the correctness or otherwise of the election held on 2-4-2002. The Assistant Registrar in compliance of the directions issued vide order dated 28-8-2004 held that the elections dated 2-4-2002 were illegal and there was no valid Executive Council of the society. By means of order dated 14-9-2004 the Assistant Registrar further directed that in view of the fact that there was no lawful executive committee of the society, in order to protect the property of the society, restrained the claimants from dealing with the property or from operating the bank accounts.
(3.) Feeling aggrieved by the order dated 28-08-2004 and 14-09-2004 the respondent Nos. 3 and 4 filed Writ Petition No. 38238 of 2004. The writ petition was dismissed by this Court vide judgment and order dated 23-11 -2004 which was subsequently modified vide order dated 22-12-2004. Against the said judgment and order of the learned single Judge respondent Nos. 3 and 4 preferred a Special Appeal wherein admittedly no interim order had been granted. In view of the aforesaid facts the petitioners moved an application before the Banaras Hindu University to withdraw the recognition which had been granted to respondent No. 3, Committee of Management. The Registrar of Banaras Hindu University by means of order dated 1-6-2005 has informed the petitioners that the Committee of Management of the institution is neither illegal nor it has become time barred, and, therefore, the request of the petitioner has been rejected. It is against this order dated 1-6-2005 that the present writ petition has been filed.;