- (1.) RAJIV Sharma, J. Heard Dr. L. P. Misra, learned counsel for the petitioners as well as Sri S. K. Mehrotra, counsel for the contesting respondents and learned standing counsel.
(2.) IN the instant writ petition, the petitioners have questioned the validity and correctness of the order dated 3. 7. 2008 passed by Deputy Registrar, Funds, Societies and Chits, Faizabad inter alia on the grounds that the order is without jurisdiction as Deputy Registrar has no power under law to review its own earlier order; the order has been passed on technicalities; and further has directed for holding an election under District Basic Shiksha Adhikari, Sultanpur, as Election Officer. Brief facts of the case are that Lauhar Paschim Maharishi Dayanand Inter College, Lauhar Paschim, Sultanpur, is a recognized intermediate college, which is run by a society registered under the Societies Registration Act, 1860 in the name and style of Lauhar Paschim Maharishi Dayanand Junior High School Society. The college is on the grant-in-aid list of the State Government up to the level of Junior High School. According to the petitioners, initially the society was formed in the year 1976 under the provisions of Societies Registration Act and bye-laws and memorandum of association was also submitted in accordance with the provisions of Societies Registration Act. The said society was renewed from time to time. The governing body of the said society comprises of life members,' ordinary members and special members. In the bye-laws of the society the life members have been defined as a person who deposits depositing Rs. 51 two times or in the alternative by depositing, Rs. 101, for becoming an ordinary member of the society, a person is required to deposit Rs. 2 per month.
(3.) DR. L. P. Misra has submitted that last undisputed election was held on 9. 7. 1986 under the supervision of S. D. I, as Election Officer. In this election, 52 members participated, out of which, 45 were life members including the petitioners and 7 members were other than life members. On 15. 8. 1990, a list was prepared containing, 45 members, out of which, 42 were life members as three members had died. The said list was certified by Manager and Principal of the college. On 14. 10. 1984, a resolution was passed by the Committee of Management for not including new members in the general body of the society and 51 total members remained the members of general body of the society. In February, 1991, Raghunandan Singh opposite party No. 6 and six others were illegally included as members of the society. Petitioner No. 12-Virendra Pratap Singh filed a Writ Petition No. 43 of 1991 (M/s) before this Court against the illegal inclusion of members and this writ petition was disposed of with a direction for holding election. Surprisingly, in the elections held on 3. 3. 1991, 104 members had participated whereas the valid members of the society were only 51. Against the election dated 3. 3. 1991, objections were filed by Rafique Ansari-opposite party No. 5 before the Assistant Registrar, Firms, Societies and Chits, Faizabad, asserting that the election was held with the list of fraudulent members and the election so held cannot be said to be valid election.;