- (1.) BY means of present petition, the petitioner has prayed for quashing the order dated 4. 10. 2007 passed by the Prescribed Authority/sub Divisional Officer (Sadar), Kanpur Nagar, respondent No. 5 and also prayed for the direction to the respondent Nos. 2, 3, 4 and 6 to hold the election of Committee of Management.
(2.) THE brief facts are as follows :-Petitioner is a society registered under the Societies Registration Act in the name and style of Pandit Jawahar Lal Nehru Vidyalaya Samiti Jamu, District Kanpur Nagar. The society has established a recognized Intermediate College in the name and style of Jawahar Lal Nehru Vidyalaya Samiti at Jamu, District Kanpur Nagar. The society has its own registered bye-laws. Clause 15 of Part III provides for constitution of the Prabandh Samiti of the Society. For ready reference Clause 15 of Part III read as follows :nv_703_alllr70_2008.jpg The institution established by the society has its own scheme of administration in accordance with the provisions of the Intermediate Education Act. The Prabandh Samiti of the institution is required to be constituted in accor-dance with Clauses 4 and 5 of the approved scheme of administration. The relevant portion whereof reads as follows :nv_703(2)_alllr70_2008.jpg
(3.) FROM the aforesaid provisions it is apparently clear that under the registered bye-laws of the society the President and 7 members of the Prabandh Samiti are elected from amongst the members of the general body. The Prabandh Samiti in turn is required to elect one more member under Clause 7 (d) and 2-3 members from amongst other Sammanit Members. Elections of the Prabandh Samiti are required to take place after every 5 years and in case elections are not so held, the earlier Committee of Management is entitled to continue. However, the maximum period prescribed therefor is six months.;