ARUN TANDON,J. - (1.) HEARD Sri P.N. Saxena Senior Advocate assisted by Sri L.P. Singh and Sri Saroj Kumar Yadav Advocates on behalf of the petitioners and Sri P.S. Baghel and Sri S.R. Vishwakarma Advocates on behalf of respondent No. 3, Sri Shiv Nath Singh Kushwaha and Standing Counsel on behalf of respondents 1 and 2 in both the writ petitions.
(2.) JANTA Shiksha Sansthan, Ghatampur, Kanpur Nagar, is a society duly registered under the Societies Registration Act, 1860 (hereinafter referred to as the Act). The said society established an educational institution in the name and style 'Janta Shiksha Sansthan Maha Vidyalaya, Ghatampur, Kanpur Nagar'. The society has its own bye -laws. According to bye -laws of the society the executive committee of the society becomes the Committee of Management of the Maha Vidyalaya. The term of the elected office bearers has been provided as five years and the office bearers are to continue till their successors take charge. The elections of the office bearers of the society were held on 14 -6 -1994 and after expiry of the term of five years fresh elections took place on 14 -6 -1999. The legality or otherwise of the aforesaid elections, according to the petitioners, stood resolved under the order of the Assistant Registrar, Firms Societies and Chits, dated 12 -7 -2001 and the office bearers elected on 14 -6 -1999 continue in the control of the society as well as of the Maha Vidyalaya. It is claimed that the Founder Trustee of the society, namely Shiv Nath Singh Kushwaha, in order to avoid enquiry into the financial mismanagement prepared fictitious proceedings of the society dated 10 -4 -2003 and is alleged to have nominated 10 office bearers including his two close relatives and to have inducted two new Deputy Secretaries. Petitioner No. 2, who claims himself to be the President of the Executive Committee, on coming to know of the aforesaid resolution filed his objections before the Deputy Registrar of Firms, Societies and Chits, Kanpur Nagar. It is claimed that a meeting of the general body of the society took place on 25 -7 -2004 wherein a decision was taken to amend the bye -laws of the society as well as fresh elections of the office bearers were held. Information of the aforesaid proceedings dated 25 -7 -2004 including fresh elections was communicated to the Deputy Registrar of the Firms, Societies and Chits vide letter dated 11 -8 -2004 by the elected Secretary, Sri Ram Nath Singh. On the other hand the Founder Trustee, Sri Shiv Nath Singh Kushwaha, submitted papers pertaining to independent elections dated 25 -1 -2004 and submitted the same for being registered under Section 4 of the Societies Registration Act before the Deputy Registrar of the Firms, Societies and Chits, Kanpur Nagar.
(3.) THE Deputy Registrar on receipt of the two sets of elections issued notice dated 19 -8 -2004 to the parties. After the parties exchanged the documents the Deputy Registrar framed 5 issues and decided the dispute between the parties by means of order dated 28 -9 -2004 and held that so far the meeting dated 10 -4 -2003 is concerned notice/agenda was not served upon the members and the records of the proceedings in original were not produced and therefore, on the said ground as well as on other grounds, he refused to accept the elections dated 10 -4 -2003. He further held that the elections dated 25 -7 -2004 set up by the petitioners could not be accepted as the said elections are alleged to have taken place during the pendency of the dispute whereby certain office bearers, as noticed hereinabove, had been removed. Further 25 new members who had participated in the elections were not validly enrolled inasmuch as according to the provisions of the bye -laws the Founder Trustee alone could enroll new members and the issue will be decided only after the balance -sheet in respect of the year 2003 -04 is received in his office inasmuch as there was also a controversy with respect to deposit of membership fee of the aforesaid 25 new members.;