Sangeeta Chandra, J. - (1.) This writ petition has been filed by the petitioners challenging the order dated 22.06.2015 passed by the Prescribed Authority/SDM, Sikandarpur, District Ballia whereby the Prescribed Authority has recognised the Respondent No. 4, Chandra Shekhar Upadhyay as manager of Committee of Management running Janta Seva Mandal Nava Nagar, District Ballia which in turn is also a Society which runs Swatantrata Senani Balika Vidyalay, Nauratanpur, Ballia.
(2.) The facts of the case as pleaded by petitioners' counsel Shri Manish Kumar Nigam and also evident from the writ petition are that the Society as mentioned herein-above runs a Junior High School. One Deo Nath Upadhyay happened to be founder manager of the aforesaid Society till his death on 20th of July, 1992. After the death of undisputed manager Deo Nath Upadhyay, one K.K. Upadhyay set up his claim as manager of the Committee of Management; who was the son of Deo Nath Upadhyay. A rival claim to the post of manager of the Committee of Management was also made by one B.K. Upadhyay. The Assistant Registrar, Firms, Societies and Chits referred the matter to the Prescribed Authority under Section 25 (1) of the Societies Registration Act on 19.01.1996 and since then, the dispute remained pending before the Sub Divisional Magistrate. Thereafter, on 25.05.1997 K.K. Upadhyay who had set up the rival claim for being manager of Janta Seva Mandal died.
(3.) In 1997 fresh elections were held and according to the petitioner he was elected as manager of the Committee of Management and thereafter, after every three years elections were held in 2000, 2003, 2006, 2009 and 2012 in which the petitioner was elected as manager of the Committee of Management of the School in question. However, neither the Assistant Registrar, Firms, Societies and Chits nor Education Authorities i.e. Basic Shiksha Adhikari recognizied the elections held by the Committee of Management. The dispute regarding the rival claim set up by B.K. Upadhyay and K.K. Upadhyay also remained pending with the Prescribed Authority.;