- (1.) Heard counsel for the petitioner, learned standing counsel for respondents 1 to 5 and Sri G. K. Singh learned Senior Advocate assisted by Sri S. K. Singh Paliwal for respondents 6 and 7. With their consent, this petition is being disposed of finally without inviting a counter affidavit.
(2.) Satya Ram Janta Vidyalaya, Kalyanpur District Mau is a Society registered under the provisions of the Societies Registration Act, 1860. It is running an Intermediate College as well as a Junior High School. The Prescribed Authority, by an order dated 2.12.2014 decided the dispute between the two rival claimants viz Mahendra Nath Pandey and Kamta Prasad Yadav for the post of manager of the governing body of the Society. The Prescribed Authority entered a categorical finding that the election of Mahendra Nath Pandey as Manager was legal and valid whereas that of Kamta Prasad Yadav is illegal and contrary to the bye- laws. It has been held that the proceedings dated 10.2.2013 in which Mahendra Nath Pandey claims to have been co-opted as manager are legal and valid whereas those set up by Kamta Prasad Yadav dated 4.11.2012 and 3.2.2013 are illegal and contrary to the bye-laws. The aforesaid order was subjected to challenge by Kamta Prasad Yadav by filing a writ petition before this Court being writ petition no. 67287 of 2014, which is pending, but without any interim order having been granted.
(3.) It seems that thereafter, Mahendra Nath Pandey, who was recognised as validly elected Manager of the Governing Body of the Society moved an application before the fifth respondent for attesting his signatures for purposes of operating the accounts of the Junior High School. However, before any order could be passed on the application, he died on 1.3.2015. The seventh respondent, on 13.4.2015, apprised the fifth respondent that in the meeting of the Governing Body of the Society held on 13.3.2015, presided over by the President Hari Narayan Maurya, he was elected as manager for the remaining term. Accordingly, request was made to the fifth respondent to attest his signatures for the purpose of operation of the accounts of the Junior High School being run by the Society. By impugned order dated 9.9.2015, the District Basic Education Officer, Mau, after seeking directives from the Joint Director of Education, Azamgarh Region, Azamgarh proceeded to attest the signatures of the seventh respondent as manager of the Junior High School. Aggrieved by the said order, the petitioner who claims himself to be the Member of the General Body of the Society, has preferred the instant petition.;