COMMITTEE OF MANAGEMENT OF JANTA PURVA MADHYAMIK VIDYALAYA Vs. DEPUTY DIRECTOR OF EDUCATION SCIENCE
LAWS(ALL)-2005-1-35
HIGH COURT OF ALLAHABAD
Decided on January 07,2005

COMMITTEE OF MANAGEMENT OF JANTA PURVA MADHYAMIK VIDYALAYA Appellant
VERSUS
DEPUTY DIRECTOR OF EDUCATION (SCIENCE) Respondents

JUDGEMENT

Arun Tandon, J. - (1.) Heard Sri K.P. Tiwari Advocate on behalf of the petitioner, Sri P.N. Saxena Senior Advocate, assisted by Sri H.P. Shukla Advocate on behalf of respondent No. 5, Sri K.C. Shukla Advocate on behalf of respondent No. 4 and Standing Counsel on behalf of respondent Nos. 1, 2, 3 and 6.
(2.) Janta Purva Madhyamik Vidyalaya Argupur, Shahganj, Jaunpur is a society duly registered under the Societies Registration Act. The said society has established an institution in the name and style 'Janta Purva Madhyamik Vidyalaya Argupur, Shahganj, district Jaunpur'.
(3.) There was a dispute with regards to the office bearers of the Society. Under the orders of this Court dated 22.4.1996 passed in Writ Petition No. 8774 of 1996 the contesting parties were directed to approach the Assistant Registrar Firms, Societies and Chits who in turn was directed to either decide the dispute, himself or refer the matter for adjudication to the Prescribed Authority under Section 25 (1) of the Societies Registration Act in light of the observations made. The matter was referred for adjudication by the Assistant Registrar to the Prescribed Authority. The Prescribed Authority after hearing the parties concerned held that the Committee of Management with Sri Narendra Bahadur Singh son of Sri Triveni Singh was the lawful Committee of Management and accordingly directed that the said order be placed before the Assistant Registrar for appropriate action. Against the said order Narendra Bahadur Singh son of Kundan Singh filed Writ Petition No. 19750 of 1997. Vide order dated 20.1.1999 the writ petition was dismissed as having become infructuous on the ground that the term of the office bearers who were elected on 21.11.1995 has since expired and fresh elections are alleged to have been held in the month of May, 1998. However, this Court granted liberty to the petitioner to challenge the order of the District Inspector of Schools recognising the elections held in the month of May, 1998 before the appropriate authority/Court. Against the said order of the learned Single Judge Special Appeal No. 67 of 1999 was filed which was also dismissed vide order dated 1.2.1999.;


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