LAWS(ALL)-2005-1-90

COMMITTEE OF MANAGEMENT NITYANAND VED MAHAVIDYALAYA Vs. VICE-CHANCELLOR SAMPURNANAND SANSKRIT UNIVERSITY VARANASI

Decided On January 02, 2005
COMMITTEE OF MANAGEMENT NITYANAND VED MAHAVIDYALAYA Appellant
V/S
VICE-CHANCELLOR SAMPURNANAND SANSKRIT UNIVERSITY VARANASI Respondents

JUDGEMENT

(1.) ARUN Tandon, J. These are three writ petitions in respect of the same Society and the institutions managed by it.

(2.) HEARD Sri R. S. Maurya Advocate on behalf of the Committee of Management with Sri Raghuvansh Pandey as its Manager, Dr. R. K. Srivastava Advocate on behalf of the Committee of Management with Sri Anant Prasad Gupta as the Manager, Sri V. K. Upadhyaya Advocate on behalf of Banaras Hindu University and Sri Anil Tiwari on behalf of Sampurnanand Sanskrit University.

(3.) IT is not disputed between the parties that this Court by means of order dated 21-10-1997 passed in Writ Petition No. 31668 of 1995 directed for holding of fresh elections of the office bearers [society (sic)] under the supervision of the Assistant Registrar. According to Sri Raghuvansh Pandey the Assistant Registrar accordingly conducted fresh elections of the office bearers of the Society on 19-9-1998 the result whereof was declared on 21-9-1998 in which Sri Shambhu Nath was elected as Secretary. The elections held by the Assistant Registrar on 19-9-1998 were duly recognized by the authorities inasmuch the list of office bearers elected in the election dated 19-9-1998 was duly registered under Section 4 of the Act and the said Sri Shambhu Nath was recognized as the lawful Secretary of the Society. Sri Shambhu Nath, however, expired on 3-11-2000 and Sri Raghuvansh Pandey claims to have been nominated as the Secretary of the Society for the remaining term of the Committee of Management under resolution of the governing body dated 15-11-2000. On the basis of the said election Sri Raghuvansh Pandey claim himself to be the Secretary of the Society and he also claims to have right to hold fresh elections of the Committee of Management.