- (1.) BY the Court -The petitioner No. 1 is a society registered under the Societies Registration Act. Its administration is being run in accordance with its bye-laws. This society is running an institution at Dildar Nagar, district Ghazipur, in the name of Sayeed Kamsor-O-Bar Muslim Intermediate College, Dildarnagar. The Scheme of Administration of the aforesaid Intermediate College was made in accordance with the provisions of the Intermediate Education Act (hereinafter referred to as ' the Act '). Clause 4 of the Scheme of Administration provides for constitution of a Committee of Management, which is responsible for running the institution in accordance with the provisions of the Act, the Regulations and the instructions issued from time to time by the authorities of the Education Department of the State of U. P. Clause 7 lays down that the term of the office bearers and members, other than ex officio members, shall be three years from the date they are chosen As stated above, the petitioner no. 1, which is a society, is running the aforesaid institution. The society has its own bye-laws providing for the enrolment of members, their rights and privileges, their termination of membership, the procedure as to how general meetings be held, and further that the institution will be run by the society in accordance with the provisions of the Act and the Regulations.
(2.) IN the instant case, the election of the society was held in 1979, which formed the Committee of Management under the Scheme of Administration of the College. Samiullah Khan is alleged by the petitioners to have been elected as Manager of the Committee of Management. The term of the Committee of Management, including its office bearers, expired after three years, but the elections were, admittedly, not held within three years. It is, however, not necessary for us to go into the reasons for not holding of the elections. The petitioners' case is that in pursuance of the notice dated 27-4-1985, a meeting was held on 12-5-1985 of the society. The meeting decided to hold the election of the society, briefly stated as Anjuman, on 28-7-1985. Office bearers of the Anjuman were elected on that date and, thereafter, an application for its registration, as is required by Section 3-A of the Societies Registration Act, 1860, was made and the renewal certificate obtained. A meeting of the society for electing the members of the Committee of Management was held on 3-11-1985. In that meeting, fifteen persons were elected as members of the Committee of Management, and in that very meeting Shamshuddin Khan and Iftikhar Husain Khan were elected as the President and Manager respectively. Of these two persons, Iftikhar Husain Khan is petitioner no. 2. The petitioners have alleged that respondents 2 to 4 by fraudulently claiming that the elections of the Committee of Management were held on 30-10-1985, applied to the District Inspector of Schools for recognition that Mohammad Shafiq Khan, Respondent 2, and Taufiq Khan Respondent 3, were elected on that date, Manager and President of the Committee of Management. When the application made by the aforesaid two respondents was under investigation by the District Inspector of Schools, the petitioner no. 2 Iftikhar Husain Khan and Shamshuddin Khan, claiming that they had, in fact, been elected as Manager and President in the meeting held on 3-11-1985, approached the District Inspector of Schools for their recognition.
(3.) FINDING that the dispute was incapable of being resolved by the District Inspector of Schools, he referred the same under Section 16-A (7) of the Act to the Deputy Director of Education, Vth Region, Varanasi, for deciding the controversy arising out of the two rival claimants. Section 16-A (7) of the Act provides that whenever there is dispute with regard to the management of an institution, persons found by the Regional Deputy Director of Education, upon such enquiry as he deemed fit to be in actual control of its affairs, for the purposes of this Act, be recognised to constitute the Committee of Management of such institution until a Court of competent jurisdiction directs otherwise. The Explanation to the aforesaid provision reads as under :- " Explanation-In determining the question as to who is in actual control of the affairs of the institution, the Regional Deputy Director shall have regard to the control over the funds of the institution and over the administration, the receipt of income from its properties, the scheme of administration approved under sub-section (5) and other relevant circumstances ";