- (1.) D. K. Seth, J. Janta Shiksha Samiti, Allahabad, a Society registered under the Societies Registration Act runs an Institution after the name Shivaji Uchchatar Madhyamik Vidyalaya, Newada, Allahabad governed under the provisions of the U. P. Intermediate Education Act, 1921, here inafter referred to as 'the said Act'. In terms of the Scheme of Adminis tration, the life span of the Committee of Management was three years. Undisputedly, the election of the Committee of Management took place on 15th June, 1983 and accordingly on 14th June, 1986, a fresh election was held in which Jai Narain Singh was elected as Manager. One Balwant Singh raised objection and contended that the last election had taken place on 8th November, 1984, therefore, the next election was due in November, 1987. The District Inspector of Schools, Allahabad, hereinafter referred to as 'digs' referred the said objection under Section 16-A (7) of the said Act. The said dispute was decided by an order dated 31st March, 1987 (Annexure-2 ). In the said order, direction for holding fresh election within a period of two months after the finalisation of the list of the Members in accordance with the Scheme was given. The said order was challenged by means of Writ Petition No. 9537 of 1987 wherein an interim order dated 7th May, 1987 was issued to the effect that the impugned order dated 31st March. 1987 shall remain stayed and the Institution would be looked after by the DIGS. The said interim order was confirmed by order dated 4th December, 1987. During the pendency of the writ petition fresh election had taken place on 24th June, 1990 and thereafter Ion 27th June, 1993. In the election held on 24th June, 1990, Jai Narain Singh was elected as Manager. In the election held on 27th June, 1993, Jai Narain Singh was elected as Manager alongwith one Prem Singh as Assistant Manager. Though the papers of the said election were forwarded to the DIGS but no steps were taken in view of the pendency of writ peti tion No. 9537 of 1987. On the other hand the said Balwant Singh set up a claim of having the elections being held on 3rd May, 1987 and then on 1st May, 1990 and again on 2nd May 1993 and in all the said elections, Balwant Singh claimed to have been elected as Manager. The DIGS did not accord any approval to any of the said three elections alleged to have been held by Balwant Singh on account of the pendency of Writ Petition No. 9537 of 1987. By order dated 2nd September, 1993, Writ Petition No. 9537 of 1987 appeals to have been disposed of by observing that the term of the Committee of Management cannot exceed three years and, therefore, there was no justification in the continuance of the interim order dated 4th December, 1987. Therefore, the parties were granted liberty to take their claims before the DIOS on the basis of the latest election held. Thereupon on 4th November, 1993, the DIGS referred the dispute relating to the last election for a decision under Section 16-A (7) of the said Act. The Deputy Director of Education, hereinafter referred to as 'dde, by notices issued invited the parties to submit written representations. After the submission of the written representations by the parties, hearing was taken on 18th April 1995. After the completion of the hearing, order was reserved. Thereafter, before the order was passed, the said Jai Narain Singh died on 24th April, 1995. Thereupon the said Prem Singh, petitioner No. 2 herein, was authorised to act by the Committee of Management as Manager by resolution dated 14th May, 1995 (Annexure-4) pursuant to which he is so managing the affairs of the Institution and is in actual control. The dispute was decided by the DDE by order dated 23rd May, 1995 (Annexure-5 ). The said order was received by the petitioner on 2nd June, 1995. It appears from the said order that the DDE had disapproved the election he'd by the petitioner on 27th June, 1993. He had further held) that the Committee of Management headed by Balwant Singh was not [properly constituted but still then it had accorded recognition to the Committee of Management of Sri Balwant Singh elected on 2nd May 1993 with the condition that fresh election may be held within a period of two months by the said Sri Balwant Singh. Thereafter, pursuant to the order dated 23rd May, 1995, the DIGS passed two orders on 12th June, 1995. By order No. 2067-71/95-96 (Annexure-7), the DIGS recognised the Committee of Management headed by Balwant Singh alleged to have been elected on llth June, 1995. By the other order No. 2073-76/95-96 (Annexure-8) purports to revoke the order of single operation. These three orders viz. one dated 23rd May, 1995 (Annekure-5) and two orders dated 12th June, 1995 (Annexures-7 and 8) have been impugned in the present writ petition. It was further contended that the Assistant Registrar, Firms, Societies and Chits, Kanpur had recognised the Society of Jai Narain on 31st December, 1986 (Annexure-9 ). The said order was challenged by Balwant Singh in Writ Petition No. 2145 of 1987 which was dismissed on 7th January, 1994 (Annexure-10 ). Reference under Section 25 (1) of the Societies Registration Act was made on 16th January, 1994 (Annexure-11 ). This reference is still pending.
(2.) THE term of three years of the Committee of Management, accord ing to the Scheme of Administration, has been admitted by the respondents in the counter affidavit filed by them. The election of Jai Narain Singh as Manager in the election held on 14th June, 1986 was denied while the election held in 1994 has been asserted. The election held on 27th June, 1993 by Jai Narain Singh was denied. The order dated 23rd May 1995 and the orders dated 12th June, 1995 have been supported. Referring to the order passed in earlier Writ Petition No. 2145 of 1987, it is contended that in the said judgment, there is a clear finding that Jai Narain Singh had failed to prove effective control. The election held on 11th June, 19951 has been held validly and it was rightly recognised on 12th June, 1995. In the rejoinder affidavit, statements made in the writ petition were reiterated and those in the counter affidavit have been denied. Mr. Ashok Khare, learned counsel for the petitioner, contended that after having held the election of the petitioner as invalid and that of Balwant Singh as improper the DDE could not have permitted Balwant Singh to continue and hold the election. He secondly contended that the DDE could not have taken into account the question of election held on 11th June, 1995 and recognised the Committee so elected in the facts and circumstances of the case. The very fact that election held on 11th June, 1995 was purposed to be recognised on 12th June, 1995 itself shows the improbability of the situation and the hot haste in which the matter has been carried through depicting bias on the part of the DIOS and the collu sion between DIOS and the said Balwant Singh. Thirdly he contends that the DDE while deciding the question under Section 16-A (7) could not decide the validity of the election except incidently for the purpose of finding out as to whether a rank outsider is being permitted to manage the affairs of the Institution. The DDE had no jurisdiction to decide the question of election as main issue. The scope of enquiry was confined only to the question of finding as to who was in effective control of the management of the Institution with regard to the conditions as provided in the proviso thereto. His fourth contention was that even if he had come to a finding that none of the rival Committee was eligible to continue in office, in that event. it was incumbent upon him to appoint an Authorised Controller to hold the election. In that view of the matter, the DD -. l should be directed to reconsider the dispute under Section 16-A (7) of the said Act and the orders dated 12th June, 1995 should be quashed. His last contention was that since the Committee of Management of the Society running the Insti gation has been recognised to be entitled to have renewal of Registration Certificate, there is no question of recognising the Committee headed by Balwant Singh.
(3.) MR. R. N. Singh, learned Counsel for the respondent Balwant Singh, on the other hand, contends that the DDE has decided the question of election only incidently by order dated 27th May, 1995 for the purpose of deciding as to whether a rank outsider is" being permitted to run the manage ment. There was nothing improper or illegal. Since a fresh election has taken place on 11th June, 1995 and the same has been recognised by the DIGS, there is no gainsaying in re-opening the case any further. According to him these decisions are subject to the decision in the Civil Court. In case the petitioner feels aggrieved, he should approach to the Civil Court. He cannot bring the same by way of writ petition. Inasmuch as in exercising writ jurisdiction, this Court cannot enter into the disputed question of facts as is required under the facts and circumstances of the present case. It is an established position in law by now that while deciding a dispute under Section 16-A (7) of the said Act, the DDE has to find out as to who is in effective control of the affairs of the Institution. While decid ing the said question, the DDE cannot look into the election dispute excapt incidently as has been decided in the case Kumari Leela Patilus v. R. D. D. E. Garhwal Region, 1985 UPLBEC 241. What is meant 'by incidently' has been defined in the case of Sankatha Prasad Srivastandva v. D. D. E. Gorakhpur 1985 (1) UPLBEC 751, to mean that a rank outsider snail not be permitted to run the affairs of the Institution. A question of election cannot be decided as the main issue while deciding the dispute under Section 16- A (7) is the ratio decided in the case of CJM Uchchtar Madhyamik Vidyalaya v. D. D. E. , Varanan, 1992 (1) UPLBEC 327. The same principles have been reiterated in the cases Maharshi Sukhdeo Vidyalaya v. R. D. D. E. Meerut, 1985 (2) UPLBEC 1053, Kisan Uchchtar Madhyamic Vidyalaya v. D. I. O. S. Agra, 1985 (2) UPLBEC 1128. C/m Sarvodaya Inter College, Deoria v. BIOS Deoria, 1991 (2) UPLBEC 1019, Committee of Management Janhitkari Inter College v. D. D. E. , 1994 (1) UPLBEC 590, Committee of Management Shahid Mongol Pandey Inter College v. State of U. P. , 1994 (2) UPLBEC 1348 and Committee of Management Ram Niranjan Inter College v. D. D. E. , 1995 (2) UPLBEC 928 : 1995 (2) LBESR 222 (All ). It is also an accepted position that decision under Section 16-A (7) is also subject to the decision by the Civil Court if the parties take the issue to the Civil Court.;