- (1.) Heard Sri Shailendra, learned counsel for the petitioners, learned standing counsel for respondents 1 & 3 and 4, Sri Virendra Chaubey for respondent 2 and Sri Ashok Khare, learned senior counsel assisted by Sri P.N. Ojha for respondent 5. With their consent, this writ petition is being disposed of finally without inviting a formal counter affidavit.
(2.) Vaidik Kanya Gurukul Association, Garhmalpur Sagri, Muzaffarnagar is a registered society under the provisions of the Societies Registration Act, 1860(The Act) and is governed by its bye-laws whereunder the term of the Committee of Management of the Society is five years. The society is running a Junior High School in the name of Vaidik Kanya Gurukul Junior High School, Garhmalpur Sagri, Muzaffarnagar. It seems that the District Basic Education Officer, Muzaffarnagar passed an order dated 10.2.2010 de-recognising the Committee of Management of the Institution on the ground that the society, which runs the institution is not registered under Section 4 of the Act. Simultaneously, an Authorised Controller was appointed by the Joint Director of Education, Saharanpur, by order dated 22.12.2009. The writ petition filed by the then management challenging the aforesaid orders was dismissed by judgment dated 18.3.2010. In Special Appeal No. 464 of 2010, this Court while upholding the order of the learned single judge granted liberty to the then management to demonstrate before the District Basic Education Officer, Muzzafarnagar that the list of office bearers had been duly registered by the Assistant Registrar and in which event, the District Basic Education Officer, Muzaffarnagar would be obliged to pass a speaking order. It seems that despite the aforesaid liberty granted by this Court, no list of office bearers came to be registered under Section 4 of the Act. The fifth respondent filed a writ petition before this Court being Writ Petition No. 49318 of 2015 raising a grievance that his signatures are not being attested by District Basic Education Officer as Manager of the Committee of Management despite the fact that fresh elections had taken place on 27.11.2011. This Court dismissed the aforesaid writ petition by order dated 2.9.2015 holding that unless the list of office bearers is registered under Section 4 by the Assistant Registrar, the claim for attestation of signatures for the purpose of operation of the accounts by the fifth respondent cannot be accepted. The relevant finding recorded in the said order is reproduced for convenience of reference:- "The point for consideration at this stage is that it is claimed that the election had taken place on 27.11.2011. The petitioner claims that he submitted his papers before the Assistant Registrar on 8.12.2011 but nowhere from the petition it appears that the Assistant Registrar ever registered the list submitted by the petitioner pursuant to an election of the office bearers of the Committee of Management stated to be held on 27.11.2011. It is also to be noted that the Committee of Management constituted in the present case is with regard to a Junior High School in which scheme of administration is not required as is required in the institutions governed by the U.P. Intermediate Education Act, 1921. The Society is governed by its bye laws and necessary authority for registration of the list of the office bearers of Committee of Management of the Society is Assistant Registrar .Unless the Assistant Registrar registers the list of the office bearers , the BSA which is the authority only for authorizing the Manager of the Committee of Management for operating the account, his signature cannot be attested. As such, without going into the election of the petitioner with regard to the action and allegations on the BSA, the petitioner has not been able to indicate as to whether his election has been registered by the Assistant Registrar , no further orders are required to be passed in this writ petition. It is always open for the petitioner to approach the Assistant Registrar for registration of the list pursuant to the election held on 27.11.2011. The writ petition has no merit and is dismissed."
(3.) It seems that in the meantime, the petitioners, which is the rival Committee having set up elections dated 26.12.2010 claim to have held fresh elections on 20.12.2015. Papers in respect thereof were submitted before the Assistant Registrar on 31.12.2015 and before the District Basic Education Officer, Muzaffarnagar on 2.1.2016.;