Rakesh Tiwari, J. - (1.) HEARD learned Counsel for the parties and perused the record.
(2.) THIS writ petition has been filed by Kisan Educational Society, Basti through its Secretary Vishnu Pratap Singh son of late Pratap Narain Singh, resident of Babhanganwan, Gandhi Nagar, District Basti, which was initially registered in the year 1950 bearing registration No. 639/1-4531. It is claimed that the petitioner-society runs an educational institution known as Shiv Harsh Kisan Post Graduate College, Basti which is affiliated to Gorakhpur University, Gorakhpur and also runs an Intermediate College, namely, Kisan Intermediate College, Basti. It is claimed that for the purpose of establishment and running of a de gree college the Kisan Educational Society, Basti was registered. It is further claimed that the Management of the Kisan Degree College, Basti was superseded in the year 1982 by the State Government by ap pointing the District Magistrate as its authorized controller under section 58 of the U.P. State Universities Act to manage the affairs of the institution till 1989.
(3.) THE dispute arose between the petitioners and the respondents when one Shri Shiv Murat Upadhyaya is said to have manipulated records to get hold of the management through another set of management namely, Kisan Shiksha Samiti, Basti, which established the college, which is not the soci ety and is not entitled to manage the affairs of the Kisan Degree College, Basti. The main contestants in the dispute were Shri Shiv Murat Upadhyaya and Sri Ashwani Kumar Pandey before the Assistant Registrar, Firms, Societies and Chits, Gorakhpur for the purpose of renewal of the society. They also claimed that they are entitled to hold elections.;