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. Vishwakarm 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 Shikha Sansthan Maha Vidyalaya, Ghatampur, Kanpur Ngar. The society has its own byelaws. According to byelaws 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 election of the office bearers of the society were held on 14.06.1994 and after expiry of the term of the five years fresh elections took place on 14.06.1999. The legality or otherwise of the aforesaid elections, according to petitioners, stood resolved under the order of the Assistant Registrar, Firms Societies and chits, dated 12.07.2001 and the office bearers elected on 14.06.1999 continued in the control of the society as well as of the Maha Vidyalaya.
(3.) It is claimed that the Founder Trustee of the society, namely Shiv Nath Singh Kushwaha, in order to avoid enquiry in to the financial mismanagement prepared fictitious proceedings of the society dated 10.04.2003 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 25.07.2004 wherein a decision was taken to amend the byelaws of the society as well as fresh elections of the office bearers were held. Information of the aforesaid proceedings dated 25.07.2004 including fresh elections was communicated to the Deputy Registrar of the Firms, Societies and Chits vide letter darted 11.08.2004 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 25.01.2004 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.;