Rakesh Tiwari, J. - (1.) HEARD learned Counsel for the parties and perused the record.
(2.) PT. Atma Ram Inter College, Keontra, Auraiya is a society registered under the Societies Registration Act, 1860 which runs a college of the same name. As per bye-laws of the society and scheme of administration, there is one committee of management of the society as well as for the institution and in the said bye-laws and scheme of administration the tenure of committee of management is 3 years. The last election of the committee of management was held on 4.5.2003 in which the petitioner was elected as manager of the society. It appears that an amendment was sought in the bye-laws as well as in the scheme of administration by the committee of management in office at the relevant time for extending the term of the committee of management from 3 years to 5 years. The papers were submitted to the Joint Director of Education, Kanpur Region, Kanpur for approval in the scheme of administration and also to the Assistant Registrar, Firms Chits and Societies, Kanpur Nagar for regis tering the amendment in the bye-laws on 31.10.2005. The registrar under the Societies Registration Act registered the amendment on 29.3.2006 whereas the said amendment was finally approved by the Joint Director of Education on 28.7.2006.
(3.) IN the meantime, the petitioner-committee of management under the signatures of erstwhile Deputy Manager Sri Ram Yagya Mishra said to have held election of the committee of management which was challenged in Writ Petition No. 47834 of 2006, Committee of Management, Pandit Atma Ram Mishra INter College, Kyauntara, Auraiya v. State of U.P. and another by which the recognition was granted to the aforesaid election dated 11.6.2006 on the ground that the term of the Committee of Management had been extended from 3 years to 5 years, hence election dated 11.6.2006 cannot be recognized by the Regional Level Committee. IN the aforesaid writ petition following ad-in terim order was granted on 4.9.2006. "Shri Krishna Ji Khare, learned Counsel appearing on behalf of oppo site party No. 6, Committee of Management, prays for and is granted three weeks' time to file counter-affidavit. Issue notice to opposite party Nos. 4 and 5. Petitioner shall take steps to serve opposite party Nos. 4 and 5 by speed post within three days. Learned Standing Counsel may also file counter-affidavit within three weeks. Rejoinder affidavit, if any, may be filed by learned Counsel for the petitioner within two weeks. List after expiry of the aforesaid period. IN the meantime, account of salary of the college shall be operated by District INspector of Schools singly." Whereas the impugned order has been passed by the Assistant Registrar recognizing Committee of Management of respondent No. 5 has been challenged in the present writ petition.;