- (1.) Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri Gyanendra Kumar Singh on behalf of the petitioners and learned Standing Counsel for respondents 1, 2 and 3. With their consent, this petition is being disposed of finally, without issuing notice to the fourth respondent in view of the nature of order which is being passed. However, liberty is reserved in favour of the fourth respondent to apply for recall or variation of this order, in case it feels aggrieved.
(2.) The Assistant Registrar, Gorakhpur by an order dated 20.8.2015 held that the elections set up by Sri Manager Singh on 23.01.2011 and 31.5.2014 are illegal and thus nominated the District Inspector of Schools, Deoria as the Election Officer for holding the elections of the Society namely, Khampar Gramoday Sansthan, Village and Post Khampar, District Deoria in accordance with the approved bye laws. The aforesaid Society runs an Intermediate College in the name of Intermediate College Khampur, Deoria, which is a recognised institution under the provisions of the Uttar Pradesh Intermediate Education Act, 1921. The said institution is governed by the approved scheme of administration. It seems that in pursuance of the direction issued by the Assistant Registrar, Gorakhpur vide its order dated 20.8.2015, certain elections were held and in respect whereof, Sri Pradeep Kumar Sharma, Principal of another institution who was appointed as observer for the elections submitted a report dated 24.9.2015 in relation to the elections of the Committee of Management of the institution. On the basis of such report, the District Inspector of Schools passed the impugned order dated 30.9.2015 by which it was communicated that the signatures of Sri Vinay Pratap Shahi have been attested as the Manager of the Committee and the same is enclosed for necessary action. The actual attestation of the signatures was done on 24.9.2015. It is against these orders, the instant petition has been filed.
(3.) The petitioner claims itself to be the last validly elected Committee of Management of the Institution. The petitioners do not dispute that the term of the erstwhile Committee had expired and it is for the said reason that orders were passed for holding the elections under section 25(2) of the Societies Registration Act, 1860. It is also not disputed that the Committee which was managing the institution was also not functional and since a long time there was an order of single operation of the accounts and the Authorised Controller was managing the institution. The only submission made by learned counsel for the petitioners is that the elections which have been recognised by the District Inspector of Schools have been held in pursuance of a notification (Annexure 28 ) issued by Sri Manager Singh, the erstwhile manager, who, in the submission of the learned counsel for the the petitioners, was not competent to issue such a notification. It is urged that once the Assistant Registrar had passed the order for holding the elections under section 25(2) of the Act, the Election Officer should have notified the election programme himself.;