- (1.) Heard counsel for the petitioners, the learned standing counsel appearing on behalf of the respondent Nos. 1 & 2 and Sri A.K. Srivastava on behalf of respondent No. 4. With their consent, this writ petition is being decided finally, without inviting counter affidavit.
(2.) The subject matter of challenge in the instant writ petition is an order passed by the second respondent dated 10 September 2015 whereby, the list of office bearers of the committee of management of a registered society in the name of Shiv Shanker Pandey Janta Junior High School, Fattepur, Nauranga, Kanpur Nagar for the year 2015-16, has been directed to be registered in exercise of power under section 4 of the Societies Registration Act, 1860 (hereinafter referred to as the 'Act'). The aforesaid society runs a Junior High School in the same name. The last elections of the committee of management of the society were held on 26 August 2012, in which the second petitioner was elected as Manager and Chhotey Lal Uttam, as the Deputy Manager. The term of the committee of management of the society under the bye laws is 3 years. According to the petitioners, fresh elections were held on 30 August 2015 from a list of 16 valid members of the general body, in which Shree Narain Sachan was elected as President and the second petitioner as Manager. The papers in respect of the election proceedings were submitted before the second respondent on 10 September 2015.
(3.) The case of the petitioners is that one Santosh Kumar Sachan was working as Head Master in the Junior High School and he retired on 30 June 2011. After his retirement, the Deputy Manager requested the second petitioner to appoint son of Santosh Kumar Sachan as Head Master of the Junior High School. However, petitioner No. 2 claims to have refused the said request, and which annoyed Santosh Kumar Sachan and Chhotey Lal Uttam. They colluded with each other and in a meeting allegedly held on 2 August 2015, it is claimed that 6 persons including the second petitioner were expelled from the primary membership. In the said meeting, only 5 persons were shown to have participated. On 23 August 2015, Chhotey Lal Uttam, the Deputy Manager had shown to have held fresh elections from an alleged list of 46 members of the general body, in which Dr. Shree Narain Sachan was allegedly elected as President and Chhotey Lal Uttam as Manager. By the impugned order, the Deputy Manager had directed for registration of the list of office bearers submitted by Chhotey Lal Uttam on the basis of elections held on 23 August 2015.;