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2009 DIGILAW 375 (ALL)

COMMITTEE OF MANAGEMENT OF SOCIETY AND THE INSTITUTION OF PT ATMA RAM INTER COLLEGE KEONTRA AURAIYA v. STATE OF U P

2009-02-02

RAKESH TIWARI

body2009
RAKESH TIWARI, J. 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. 3. 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. 4. 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. 5. 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. 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. " 6. 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. 7. The only point which has been urged by Sri P. N. Saxena, learned Senior Counsel in Writ Petition No. 1691 of 2008 is that the benefit of extending the term of the Committee of Management of the society will not be available to the present committee of management which was in office for the election held on 4. 5. 2003 for a period 3 years prior to the subsequent committee of man agement elected in 2006 i. e. , after expiry of 3 years of the term of the committee of management earlier in office. 8. In this regard he has placed reliance upon the decision rendered in Civil Misc. Writ Petition No. 49893 of 2002, Committee of Management, M. H. Inter College, Khekra, District Bagpat and another v. Joint Director of Education, 1st Region, Meerut and others wherein it has been held that the benefit of extension of term will be available to the committee of management which was duly elected in the next election after expiry of the term of the Committee of Management in office. The relevant extract of the judgment for the purpose of this case is as under:- "admittedly, election of the Committee of Management of the college was held on 25th May, 1997. At the time the committee of management un der the scheme of administration had only three years tenure. After getting elected to the office resolution was passed amending the scheme of admin istration and extending the tenure of the management from three to five years. At the time the committee of management un der the scheme of administration had only three years tenure. After getting elected to the office resolution was passed amending the scheme of admin istration and extending the tenure of the management from three to five years. The resolution was forwarded to the Joint Director of Education for approval of the amended scheme of administration. The tenure of three years and one month having expired on 25th June, 2000 the authorized controller has been appointed by the impugned order dated 30. 9. 2002 for getting fresh elections held. Even if the amendment scheme of administration is granted approval by the Joint Director of Education it would apply to the future committee of management elected under the amended scheme of administration. Having been elected for the tenure of three years the committee of management cannot extend its own life by amending the scheme of administration. Therefore, the tenure of the management of three years and one month hav ing expired even the non-decision of the amendment the scheme of adminis tration by the Joint Director of Education could not have the effect of ex tending the life of the management. After expiry of three years the out-going committee of management has no right to hold elections and only the authorized controller can hold them. The Joint Director of Education will take a reasoned decision in respect of the amendment in the scheme of administration within one month of the date on which a certified copy of this order is produced before him pro vided the certified copy of this order is produced within 15 days from to day. If the Joint Director of Education approved this scheme election may be held by the authorized controller in accordance with the amended scheme of administration otherwise elections will be held as per the said scheme. This writ petition is disposed of as above. " 9. Per contra, learned Counsel for the respondents, Sri Y. K. Saxena, sub mits that the amendment had been approved on 29. 3. 2006 authorizing the controller to hold election within a period of 3 months which is said to have been held on 11. 6. 2006, hence his committee of management is entitled to continue in office up to 3rd May, 2008 i. e. , for a period of 5 years as per amendment. 3. 2006 authorizing the controller to hold election within a period of 3 months which is said to have been held on 11. 6. 2006, hence his committee of management is entitled to continue in office up to 3rd May, 2008 i. e. , for a period of 5 years as per amendment. He urged that the Deputy Registrar has rightly held that the term of his commit tee of management would be deemed to be extended for 5 years as amendment came into force before expiry of its term of 3 years in 2006 as such his committee of management would continue for a period of 5 years up to 3. 5. 2008. He has also urged that certain papers were stolen by the Head clerk of the institution and an F. I. R. was lodged in this regard and that the findings of facts recorded by the Deputy Registrar in the impugned order regarding disputed questions of facts which have not been challenged by the petitioner do require adjudication by a Court of competent jurisdiction for deciding the disputed facts on basis of oral and documentary evidence which may be adduced by the parties before it. 10. He has also submitted that the membership of the petitioner is life member by payment of Rs. 21/- is highly disputed and even if it is accepted that he was an ordinary member for a period of one year, he could not have set up any election in 2006 not being office bearer by the outgoing committee of management and not being the member of the society. 11. Admittedly, according to the bye-laws, Vice-President could not have issued agenda nor could have held election of the committee of management as per bye-laws which is only permissible by the Chairman who can call for a meeting for holding the election. I find from the impugned order that not only the membership of the petitioner is disputed but also his election which is said to have been submitted on the basis signatures of respondent No. 5, which are said to have been obtained fraudulently and an F. I. R. in this regard has also been lodged against the Head clerk of the institution. However, inspite of these facts no criminal proceedings have been lodged against the petitioner by respondent No. 5 even though he claims that the committee of management of the petitioner was registered on the basis of forged signatures of respondent No. 5. 12. In the circumstances, apart from the legal question raised by Sri P. N. Saxena as disputed question of facts are also involved in this writ petition re quires adjudication on the basis of oral and documentary evidence, which may be adduced by the parties in a civil suit. This is not feasible in writ jurisdiction. 13. The Court is not inclined to interfere in disputed questions of facts in ex ercise of its discretionary jurisdiction under Article 226 of the Constitution. 14. The Counsel for the petitioner in W. P. No. 47834/2006 and representing respondent No. 5 in W. P. No. 1691 of 2008 states that his W. P. No. 478334 of 2006 may be dismissed. Accordingly both the writ petitions are dismissed on the ground of alternative remedy. 15. No order as to costs. Petitions Dismissed. .