- (1.) THIS writ petition has been preferred assailing the validity of the order dated 28.01.2015 passed by the District Inspector of Schools in terms of which he has accorded recognition to the elections of the Committee of Management and has further passed orders for attestation of the signatures of the Manager.
(2.) THE petition discloses that a Society in the name of Sri Omar Vaishya Vidyalaya Committee is running and administering an institution known as Gyan Bharti Intermediate College, Birhana Road, Kanpur Nagar. The petition did not disclose or carry any particulars with respect to the locus of the petitioner who sue in their individual capacity. Upon a query being raised by the Court, Sri N.L. Pandey, learned counsel for the petitioner stated that the petitioner were Members of the Society.
(3.) THIS Court is of the opinion that the order impugned does not directly effect any right of the petitioner. It is not the case of the petitioner that she sought election to the Committee of Management and/or that she was otherwise excluded in the election process. This Court reviewing the law laid down in respect of the locus of an individual member to institute proceedings in respect of affairs of the Society while deciding Writ Petition No. 15797 of 2015, decided on 02.04.2015 held as under: - "Noticing the above referred judgments, a Division Bench of this Court in 2010 (1) ADJ 262 summed up the legal position in Paragraph 24 as under: "24. What is discernible from the above discussion is where the right of an individual is affected or infringed, and, he has no other effective remedy, if such rights of the individual concerned are borne out from the statute or the provision of bye -laws etc. having the favour of statute, a writ petition at his instance may be maintainable subject to attracting the condition where the Court may decline to interfere namely availability of alternative remedy, delay, laches etc. but where a legal right of an individual is not directly affected, a writ petition espousing the cause of the collective body or other members of the collective body would not be maintainable at the instance of an individual who himself is not directly affected. We may add here that in a given case, if it is found that an election was held by an imposer and he is supported by DIOS or other educational authorities, such an action of DIOS as also the election can be challenged by the individual member since it cannot be said that he is not a person aggrieved but whether a writ petition at his instance would be maintainable or he can challenge the election by filing a civil suit etc., would be a different aspect of the matter and has to be considered in each and every case considering the facts, relevant provision and other relevant aspects of the matter." In light of the above position, this Court finds that in the facts of the present case, the instant writ petition does not espouse the rights of the petitioner individually. This petition admittedly seeks to espouse and canvass the interest of 54 members whose names have not been included in the Electoral List. The non -inclusion of these 54 members does not directly affect any legal right inhering in the petitioner. The Court must bear in mind the law succinctly summarised in Ratan Kumar Solanki where this Court held that where a writ petition has been preferred merely for espousing the cause of the collective body or other members of the collective body, by an individual member, the same would not be maintainable.";