- (1.) Sri Mahavir Vidyalaya, Sarai Murlidhar, district Mainpuri is a registered society under the provisions of the Societies Registration Act, 1860. It is running a Junior High School in the name of Sri Mahavir Vidyalaya, Sarai Murlidhar, Firorazabad. It is a recognised institution under the provisions of the U.P. Basic Education Act, 1972 and provisions of U.P. Recognized Junior High Schools (Payment of Salaries of Teachers and Other Employees) Act, 1978 are applicable to it. The term of the Committee of Management under the bye-laws of the Society is five years. In the elections of the year 2011, two rival claims were set up. According to the petitioners, an election had taken place on 19.6.2011, in which Arvind Kumar Yadav was elected as President, Beni Ram Mishra as Manager and petitioner no.2 Rakesh Kumar Saxena as Deputy Manager. On the other hand, according to the third respondent, the elections had taken place on 17.7.2011, in which the said respondent also admit that Beni Ram Mishra was elected as Manager. However, according to the third respondent, in the said elections, Raj Kumar Yadav was elected as Deputy Manager. It is common ground between the parties that Beni Ram Mishra, who was admittedly elected as Manager, had died on 31.10.2014. In consequence, petitioner no.2 claims to have been co-opted in his place as Manager for the remaining period in a proceeding held on 14.12.2014. On the other hand, Raj Kumar Yadav claims to have been co-opted as Manager in another set of proceedings dated 25.11.2014. The District Basic Education Officer, by an order dated 8.1.2015, recognised him as Manager for the remaining term and attested his signatures. The aforesaid order was subjected to challenge before this Court by the petitioners in a writ petition (Writ-C No.4390 of 2015) and wherein, this Court by an order dated 29.1.2015 stayed the operation of the order dated 8.1.2015. It is admitted to the parties that as a result of the interim order having been passed in the said writ petition, the accounts of the institution are now being operated single handedly by the Finance and Accounts Officer.
(2.) The Deputy Registrar, Agra, on the basis of the documents submitted by the petitioners, registered the list of office bearers. The third respondent filed objections against the same contending that the registration of the list was obtained by the petitioners exparte and by playing fraud. Thereupon, the Deputy Registrar issued notices to the parties and by impugned order dated 6.1.2016, he has discarded the election proceedings submitted by both the parties as well as the co-option proceedings. The only reasoning given in the order for discarding these elections is that both sides have levelled serious allegations relating to the validity of the list of the General Body submitted by the other side and none of them could file cogent evidence in support of their respective case. A further direction has been issued by the Deputy Registrar for holding of elections under Section 25 (2) of the Act. Aggrieved thereby, the petitioners have filed the instant writ petition before this Court.
(3.) The third respondent has also filed a Writ Petition (Writ Petition No.2677 of 2016) challenging the same order of the Deputy Registrar.;