V. K. SHUKLA, J. ( 1 ) PETITIONERS claiming themselves to be the Committee of Management of Kisan Degree college, Simbhaoli, Ghaziabad, have approached this Court questioning the validity of the order, dated 5. 7. 2003, passed by the Vice-Chancellor of Chaudhary Charan Singh University, Meerut, cancelling earlier order of approval, dated 10. 4. 2003 and restoring status-quo ante and further directing fresh elections to be held under the supervision of the Assistant Registrar, Firms, societies and Chits. ( 2 ) BRIEF background of the case as disclosed in the writ petition is that in the district of ghaziabad, there is a recognised institution known as Kisan Degree College, Simbhaoli, affiliated to Chaudhary Charan Singh University, Meerut. It has been asserted that after the year 1988, no valid elections have been held, and in the said elections of the year 1988, one Surendra pal Singh was elected as President and one Virendra Singh as Secretary. It has been contended that large scale problems were being faced on account of the provisions contained in the bye-laws of the society, as there were more than 200 members from the Cane Development union Simbhaoli. It has been mentioned therein that in order to amend the delegate-based constitution, meeting of General Body was held on 1. 4. 1993, which appointed a Committee of three persons, viz. Dr. Sukhbir Singh, Sri Ashif Khan and Sri Ram Nath Singh. The Committee is alleged to have submitted its report and the amendments suggested were accepted by the general House on 2. 5. 1993. It has also been asserted that the said amendment was duly accepted by the Vice-Chancellor on 3. 12. 1993. It has been contended that on account of this amendment delegate members of the Cane Development Union, Simbhaoli and Sugar Mills Ltd. Simbhaoli lost their membership for subsequent years and only two founder patrons and 60 members, who were made members up to 1995 were left as genuine members. It has also been contended that in the year 1996 Surendra Pal Singh and Virendra Singh installed Kanak Singh and Raj Singh as president and Secretary respectively to run and manage the affairs of the college, and their signatures were duly accepted. Much stress has been laid on the fact that at no point of time their elections had been approved. Petitioners have contended that meeting of the General Body took place on 5. 1. Much stress has been laid on the fact that at no point of time their elections had been approved. Petitioners have contended that meeting of the General Body took place on 5. 1. 2003 in the College Campus under the Presidentship of Raj Singh, wherein 60 members were present and election program was finalized, and on 16. 2. 2003 elections were held. It has been further submitted that thereafter, entire papers were transmitted for approval and after due enquiries were made, the said elections are alleged to have been approved on 10. 4. 2003. Thereafter, Raj Singh made a complaint to the Vice-Chancellor and the Vice-Chancellor appointed five-man enquiry committee headed by Dr. Hari Om Gupta. The Committee submitted its report and other persons also came forward and made complaint. Petitioners submit that on the said complaint and the report of the committee, hearing took place, and thereafter order impugned has been passed, which is subject matter of challenge in the present writ petition. ( 3 ) COUNTER-AFFIDAVIT has been filed on behalf of Kanak Singh, and therein much stress has been laid on the fact that petitioners have tried to practice fraud, and further that University has no authority or jurisdiction to amend the bye-laws of the society. Much stress has also been laid on the fact that society having nomenclature as educational Society. Simbhaoli, District Meerut had become defunct after kisan Degree College Society was incorporated, and thus no reliance can be placed on the proceedings held in the name of educational Society, Simbhaoli, District meerut. Much stress has also been laid on the fact that the petitioners had no authority to hold election and the right to hold elections vested in the outgoing Committee of Management of the institution and not in the petitioners, and, as such, entire election proceedings are void. In respect to elections held on 26. 4. 1996, it has been contended that papers were transmitted, and the said committee of Management thereafter started functioning and was being treated as validly elected Committee of Management by each and every authority concerned. In respect to bye-laws, which came into existence on 25. 9. In respect to elections held on 26. 4. 1996, it has been contended that papers were transmitted, and the said committee of Management thereafter started functioning and was being treated as validly elected Committee of Management by each and every authority concerned. In respect to bye-laws, which came into existence on 25. 9. 1962, it has been asserted that same has not been amended, as the bye-laws can be amended by two-third majority of the members of the General body of the society and that too when special meeting is called for, for the said purpose. Further, it has been contended that at no point of time said amendments had been approved by the assistant Registrar, Firms, Societies and Chits. In this background, it has been contended that entire proceedings are farce and fictitious and no credibility can be attached to the same. ( 4 ) REJOINDER affidavit has been filed to the said counter-affidavit and therein, it has been accepted that educational Society, Simbhaoli, District Meerut was initially registered in the year 1949 and was running an Intermediate College under it, and in the year 1956 Kisan Degree college was established. It was also being managed by the said educational Society, Simbhaoli, district Meerut till 1962 when bye-laws of kisan Degree College Society was registered on 26. 9. 1962, and no sooner the bye-laws of the Kisan Degree College, Simbhaoli (Meerut) came into force than the Educational Society, Simbhaoli or its allied body shall cease to have any control on the administration of the Kisan Degree College, Simbhaoli, Meerut, but in spite of this, educational Society, Simbhaoli, District Meerut always remained operational in the administration of Kisan Degree College and the said educational Society, Simbhaoli, District meerut was not abolished at any point of time, and there are many instances to show that educational Society, Simbhaoli, District Meerut is always in existence and operational. Much emphasis has been laid on the fact that educational Society, Simbhaoli, District Meerut is still in existence and its registration has been renewed by the Registrar, Firms, Societies and Chits on 10. 10. 2000. It has also been asserted that there is another society in the name of Kisan Degree college Society, Simbhaoli, District Ghaziabad, and both the societies have one and the same general Body. 10. 2000. It has also been asserted that there is another society in the name of Kisan Degree college Society, Simbhaoli, District Ghaziabad, and both the societies have one and the same general Body. The papers, which have been referred to in Annexure-25 to the writ petition, have been termed to be valid documents. In respect to the amendment, it has been contended that bye-laws of the educational Society, Simbhaoli, District Meerut under which bye-laws of Kisan post Graduate College have been incorporated are valid. Statements of fact made in the counter-affidavit have been disputed and that of writ petition have been reiterated. ( 5 ) SHORT counter-affidavit has also been filed on behalf of the University, and therein the action taken has been sought to be justified. ( 6 ) AFTER pleadings inter se parties have been exchanged, present writ petition has been taken up for hearing and disposal with the consent of the parties. ( 7 ) SRI Ashok Khare, Senior Advocate assisted by Sri Jagdeo Singh, Advocate, has appeared for the petitioners, Sri Anurag Khanna has appeared for the University, Sri Ajit Kumar has appeared on behalf of the respondent Nos. 7, 8 and 9, and learned Standing Counsel has appeared on behalf of State respondents. ( 8 ) SRI Ashok Khare, Senior Advocate, assailed the validity of the order on the ground that in the present: case, Vice-Chancellor has clearly erred in law inasmuch as, at no point of time, relevant issues have been addressed nor any objective consideration has been made qua the amendments made in the bye-laws of the society, validity of the electoral college, and further alternatively, by no stretch of imagination, once it has been accepted that the term of the Managing Committee had run out, and the Assistant Registrar, Firms, Societies and Chits was to conduct elections under Section 25 (2) of the Societies Registration Act, 1860, then holding elections under the supervision of Kanak Singh and Raj Singh was clearly vitiated, and, as such, the order impugned is illegal, and in all eventuality, liable to be set aside. From the side of contesting respondent, it has been contended that petitioners are claiming elections through a society, which is not at all in existence. Kisan Degree College Society, Simbhaoli is altogether a different society and at no point of time any amendment has been made in the bye-laws of the society. From the side of contesting respondent, it has been contended that petitioners are claiming elections through a society, which is not at all in existence. Kisan Degree College Society, Simbhaoli is altogether a different society and at no point of time any amendment has been made in the bye-laws of the society. Petitioners had no authority to hold any election, inasmuch as under the bye-laws of the society, the person who had right to convene the meeting has clearly been provided for, as such, entire proceedings are void proceedings and no credibility can be attached to their elections, as such, in the facts of the present case, no interference should be made in the impugned order. ( 9 ) THE first question that arises for consideration is as to whether petitioners had any right to convene the meeting and hold the elections dated 16. 2. 2003, and whether the elections wherein petitioners are claiming themselves to have been elected can be termed to be valid elections. The bye-laws of the kisan Degree College Society, Simbhaoli has been appended, and as per said bye-laws, right to convene the meeting lies with the Secretary of the Managing Committee of the society with the approval of the President, and the General Body of the society on its own has got no authority to convene any meeting as has been alleged by petitioners. The undisputed position, which emerges is to the effect that Kanak Singh and Raj Singh, who were holding charge of President and Secretary respectively, were de facto and de-jure Committee of management of the Institution and Society. It is true that no formal order under Section 2 (13) of the U. P. State Universities Act had been passed in their favour, but the fact of the matter is that since the year 1996, the Managing Committee headed by these persons had been in effective control of the affairs of the institution and, thus, for all practical purposes had been the Managing committee. In the writ petition this fact has been admitted in paragraphs 11 and 12 that Kanak singh and Raj Singh were in command of the College. Once aforementioned persons were in command of the College, then they could have been ousted by valid means, and not in the way and manner, as has been sought to be done in the present case. Meeting of the General Body, dated 5. Once aforementioned persons were in command of the College, then they could have been ousted by valid means, and not in the way and manner, as has been sought to be done in the present case. Meeting of the General Body, dated 5. 1. 2003, is not at all in consonance with the bye-laws of the society, as it does not indicate, as to who issued the agenda for such meeting, and from where Raj Singh derived the authority to preside over the meeting. Entire election proceedings qua the petitioners are of no consequence, and the Vice-Chancellor has rightly observed that election had been held by unauthorised persons. Thus, in the facts of the present case, no credibility can be attached to the elections, wherein petitioners claim themselves to be elected. ( 10 ) THE second question, which arises for consideration is as to whether amendments have been validly made in the bye-laws of the society or not. Contention of petitioners is that in order to amend the delegate based constitution, it was resolved to get the amendments made, and in this respect it has been mentioned that three-member-committee was constituted, which submitted its report and the same was accepted by the General House and even the Vice-Chancellor approved the same on 3. 12. 1993. Much stress has been laid by the respondents on the fact that at no point of time any such amendment had been made and further it has also been asserted that amendment can be made only by majority of two-third members of the General Body of the society and that too in specifically convened meeting. The fact of the matter is that approval of Vice-Chancellor is there, and as per Statute No. 13. 05 of the First Statutes of Meerut University amendment can be made with the approval of the Vice-Chancellor. Issuance of this letter, dated 3. 12. 2003, has not been disputed at any place, but in pith and substance, it has been contended that this amendment is nothing, but an out come of fraud and manipulation. In case amendment is termed to be an out come of fraud and manipulation, then it is always open to the incumbents, who are alleging it to be an out come of fraud and manipulation, to represent the matter before the authority concerned for recall of the aforementioned order. In case amendment is termed to be an out come of fraud and manipulation, then it is always open to the incumbents, who are alleging it to be an out come of fraud and manipulation, to represent the matter before the authority concerned for recall of the aforementioned order. As in the present case petitioners are contending that amendments have been validly made, and the respondents are contending that the same is an out come of fraud and manipulation, then it is always open to the respondents to make representation before the Vice-Chancellor of the University highlighting therein that at no point of time any such amendment, had been proposed and the alleged amendment is nothing, but an out come of fraud and manipulation. As such, liberty is given to the respondents to make representation before the Vice-Chancellor pointing out the way and manner in which said amendment is vitiated on account of misrepresentation and manipulation. In the event of any such representation being made, the Vice-Chancellor shall proceed to see as to whether amendment has been validly carried out, or not and whether on the earlier occasion there was any misrepresentation on the part of incumbents, who sought approval of the amendment in the bye-laws of the society. ( 11 ) THE third question that arises for consideration is as to whether educational Society, simbhaoli, District Meerut has any relation with Kisan Degree College Society, Simbhaoli, ghaziabad or not. In this regard, it would be relevant to note here that Kisan Degree College society, Simbhaoli, Ghaziabad was registered on 25. 9. 1962 and the bye-laws of the said society clearly contained stipulation that educational Society, Simbhaoli, or its allied body, District meerut shall cease to have any control on the administration of Kisan Degree College, simbhaoli, Meerut. Thus, this provision makes it clear that Educational Society, or its allied body shall cease to have any control. Cessation of control on administration clearly contemplates independent handling of the affairs as per the provisions contained in the bye-laws of the society. Educational Society, Simbhaoli has got no concern, whatsoever, with the college in question in any manner, whatsoever, and any reference to the same is wholly uncalled for. ( 12 ) AT last it has to be seen as to what relief should be granted in the facts of the case. Educational Society, Simbhaoli has got no concern, whatsoever, with the college in question in any manner, whatsoever, and any reference to the same is wholly uncalled for. ( 12 ) AT last it has to be seen as to what relief should be granted in the facts of the case. Undisputed position, which emerges is to the effect that last election as claimed by respondents is, dated 26. 4. 1996. It is true that no order under Section 2 (13) of the U. P. State Universities Act had been passed, but for all practical purposes, the same Committee of Management continued to function for full term and the said term has now come to an end. The election held by the petitioners cannot be termed to be valid election, inasmuch as, the same has not at all been held as per provisions contained in the bye-laws of the society, as has already been discussed above, and in view of the same no credibility can be attached to the said election. Vice-Chancellor in the impugned order has mentioned that Deputy Registrar can get elections held in exercise of powers under Section 25 (2) of the Societies Registration Act, 1860. In these circumstances asking for the election to be held with the outgoing Managing Committee in power is wholly uncalled for. Under the interim orders of this Court District Magistrate has been running and managing the affairs of the institution. The said arrangement is permitted to be continued till newly elected committee of Management takes over charge. In the direction of holding of elections at the first instance, Vice-Chancellor is directed to decide the dispute as to whether amendments have been validly made, or not, as already discussed above. In this regard liberty is given to contesting respondents to make fresh representation before the Vice-Chancellor in respect to validity of the amendments within a period of one month from the date of delivery of judgment. In case any such representation is made, the Vice-Chancellor shall proceed to decide within next two months as to whether the amendments have been validly made, or not, as per the bye-laws of Society and whether there was any misrepresentation on the part of incumbents, who had obtained approval of amendments. After the decision is taken on the said representation, then copy of the same be communicated to the Assistant Registrar. After the decision is taken on the said representation, then copy of the same be communicated to the Assistant Registrar. Firms, Societies and Chits, who after receiving the same, within next two months will thereafter, proceed to determine the electoral college and hold the elections as per the existing bye-laws of the Society, and after the elections are held, papers shall be transmitted to the Vice-Chancellor for the purpose of according approval under Section 2 (13) of the Act. ( 13 ) IN view of what has been discussed above, writ petition is disposed of. No order as to costs. . .