Rakesh Tiwari - (1.) HEARD Sri Ashok Khare, learned senior counsel assisted by Sri V. D. Shukla, learned counsel for the petitioners and the learned counsel for the respondents. Perused the record.
(2.) SRI Tula Ram Uchattar Madhyamik Vidyalaya, Malpura, district Agra is a society registered under the Societies Registration Act, 1860. The society has established a recognized institution known as Sri Tula Ram Uchattar Madhyamik Vidyalaya, Malpura, district Agra. It is submitted by Sri Ashok Khare, learned senior counsel for the petitioners that the elections of the Committee of Management of the society and the educational institution were held on 25.2.2005. In the Committee of Management of the society a Committee of Management consisting of Sri K. S. Rana as the President and Sri Balbeer Singh, petitioner No. 2 as the Manager were elected. As regards Committee of Management of the Educational Institution a Committee of Management consisting of Sri K. S. Rana as the President, Sri Diwan Singh as the Manager and Sri Balbeer Singh as the member were elected. Sri Diwan Singh later on expired on 13.12.2007 causing a casual vacancy in the office of Manager in the Committee of Management of the Educational Institution. It is urged that in the meeting of Committee of Management held on 23.12.2007, petitioner No. 2, Balbir Singh was elected as the Manager for the remaining term of Committee of Management of the Educational Institution. Sri Balbir Singh, the real brother of Sri Diwan Singh set up a claim of having been elected as Manager in the vacancy caused due to death of Sri Diwan Singh at a separate meeting.
(3.) IN the aforesaid back drop petitioner No. 2, Balbir Singh filed his application dated 25.1.2008 before the Deputy Registrar for renewal of the registration certificate of the society which had not been renewed subsequent to 27.9.98 whereas Sri Bhagat Singh filed application for renewal of the society on 26.2.2008 under Section 3A (5) of the Societies Registration Act. It appears that further in the meeting of the general body fresh election of Committee of Management of the Institution was held on 9.3.2008 in which a Committee of Management consisting of Sri K. S. Rana as the President and Sri Balbir Singh, petitioner No. 2 as the Manager were elected. Election of the Committee of Management held by petitioner No. 2 was recognized by the Regional Level Committee and his signatures were also attested as Manager of the Institution on 9.6.2008.;