C/M VIDYA VIHAR INTER COLLEGE AND ANOTHER Vs. STATE OF U P AND 5 OTHERS
LAWS(ALL)-2017-5-540
HIGH COURT OF ALLAHABAD
Decided on May 03,2017

C/M Vidya Vihar Inter College And Another Appellant
VERSUS
State Of U P And 5 Others Respondents

JUDGEMENT

- (1.) Committee of Management, Vidya Vihar Inter College, Salarpur (Rasulgarh) Varanasi through its Manager Sri Amarnath Maurya and Gagan Kumar Maurya and 4 others are assailing the validity of the order dated 13.04.2017 passed by learned Single Judge in Civil Misc. Writ Petition No. 15482 of 2017 (Committee of Management Vidya Vihar Inter College and another Vs. State of U.P. and 5 others).
(2.) Brief background of the case is that in the District of Varanasi, there is an aided institution known as Vidya Vihar Inter College, Salarpur (Rasulgarh) Varanasi. The affairs of the said institution is to be run and managed in consonance with the provisions as contained in U.P. Intermediate Education Act, 1921. The said institution has been established by a registered society, namely Vidya Vihar Vidyalaya Samit, Salarpur (Rasulgarh), having its own bye-laws, registered under the Societies Registration Act, 1860.
(3.) Last election of the Managing Committee of the institution in question has been set up, having been held on 08.11.2016. For recognition of the said election in question, papers were transmitted to the Regional Level Committee, and before Regional Level Committee three separate set of elections of Vidya Vihar Inter College, Salarpur (Rasulgarh) Varanasi came forward and thereafter Regional Level Committee in its turn on 03.04.2017 proceeded to non suit all the three set of elections that have been set up and proceeded to pass order directing therein for holding of fresh election from amongst valid member of the society. The order passed by the Regional Level Committee dated 03.04.2017 has been subjected to challenge before the learned Single Judge in Civil Misc. Writ Petition No. 15482 of 2017 and learned Single Judge in its wisdom on 13.04.2017 has proceeded to negate the said elections and thus, present two Special Appeals are before us wherein validity of the decision taken by the Regional Level Committee as well as order passed by learned Single Judge have been assailed.;


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