By The Court—These special appeals, against the common judgment and order dated 10.8.2006 passed in Writ Petition No. 2741 (MS) of 2005, Writ Petition No. 4466(MS) of 2005, Writ Petition No. 3592 (MS) of 2006 and Writ Petition No. 3389 (MS) of 2006, are being decided by a common order.2. This Court has to adjudicate upon the dispute regarding the management of India Literacy Board, a N.G.O. (Non Government Organization) whose headquarter is situated at Literacy House, Kanpur Road, Lucknow. The Society, known as India Literacy Board, duly registered under the provisions of the Societies Registration Act, 1860(hereinafter referred to as ‘the Act’) was founded by Mrs. Wealthy H. Fisher renowned Philanthropist who devoted her wealth to further the cause of adult literacy and non-formal education. She dedicated her entire property for propagating and furthering the cause of literacy and non-formal eduction.3. Before proceeding with the merits of the case, the brief introduction of the aforesaid society would be of some relevance to deal with the dispute which has been raised in the aforesaid special appeals. The Board is under the receiver-ship of the Chief Secretary under the orders passed by the learned Single Judge. Smt. Sangeeta Chandra, learned Additional Chief Standing Counsel has given up description of the properties, the schemes and mismanagement, which is continuing in the society.4. The Literacy House Campus is spread over 25 acres of land adjacent to the highway, Lucknow-Kanpur Road. It has two agricultural farms; one situated on Bijnore Road adjacent to C.R.P.F. Center, Lucknow called the Kisan Vidyapeeth Krishi Farm Evam Dairy Unit. This Farm and Dairy Unit is spread over 65 acres of land. The second 62 acres Farm is situated at Neva, Near Memoura Cantt. Besides the above, the India Literacy Board has a hostel for accommodating 150 trainees for various literacy programmes at the Literacy House. The Bijnore Farm has another 20 rooms hostel in it. Both Farms have tractors and tube-wells and the Literacy House Campus has 50 residential houses out of which 10 houses are occupied by those staff members who had retired or have been removed from various institutions run by the Literacy Board some 6 to 20 years ago.5. The Board runs several schemes for adult education, non-formal education, vocational training etc. Both Farms have tractors and tube-wells and the Literacy House Campus has 50 residential houses out of which 10 houses are occupied by those staff members who had retired or have been removed from various institutions run by the Literacy Board some 6 to 20 years ago.5. The Board runs several schemes for adult education, non-formal education, vocational training etc. The State Resource Center run from Literacy House Campus is involved in training, formulation of curriculum and teaching equipments, research, assessment and enforcement of non-formal education programmes and is also actively involved in population and development studies. The India Literacy Board is funded by the Government of India and also by the State Government. The Board has several constituent units like:-(a) IDARA (Information Development and Resource Agency for Nehru Yuva Sangthan)- 10 lacs per annum.(b) TOC (Training Orientation Center for NSS).(c) State Research Center, U.P. - 60 lacs per annum.(d) Jan Shikshan Sansthan, Lucknow - 30 lacs per annum.(e) Jan Shikshan Sansthan, Kanpur-30 lacs per annum.(f) Jan Shikshan Sansthan, Dehradoon- 25 lacs per annum.6. The Board also runs the Wealthy Fisher Children’s Academy at Literacy House and another Wealthy Fisher Children Academy branch is situated at Bijnore Farm. For adult education, a separate library almost with 60,000 books, is available in Literacy House.7. According to the learned counsel, more than 165 lacs per annum is received by the Board from the Government of India under various heads and a considerable amount is also paid by the State Government.8. A large number of residential houses in the Campus are being occupied by the persons who are not supposed to be in possession like the staff members of the Board who retired from various institutions run by the Board since several years ago and some houses are occupied by the persons, who are not paying even electricity, water or any other charges. The Staff Welfare Association is under the control of such employees and various management disputes have been initiated by this Staff Welfare Organization so as to say maintain its monopoly over the management and running of the India Literacy Board.9. It is a matter of deep concern and remorse that the society so well founded by a person who dedicated all her property and created such a Non-Government Organization for the cause of adult education and non-formal eduction etc. It is a matter of deep concern and remorse that the society so well founded by a person who dedicated all her property and created such a Non-Government Organization for the cause of adult education and non-formal eduction etc. where bulky grants are being provided by the Central Government as well as by the State Government with all infrastructure, is not being allowed to run peacefully. Litigation regarding control over the society by the persons desirous of having power, has resulted into long drawn litigation every now and then in which the Courts have intervened only with a view to protect the interest of the society and to give protection to the property so as to boost and propagate the cause for which the society has been formed.10. This Court was informed that at various stages atleast since early Nineties, the matter regarding management and the affairs of the society was brought to the Court by filing several writ petitions, where Registrar/Deputy Registrar, Firms, Societies and Chits have intervened and passed orders which have been challenged by the aggrieved persons.11. The present special appeals are also addition to such litigation and the discontentment prevailing in the society.12. The present special appeals are also addition to such litigation and the discontentment prevailing in the society.12. Leaving aside the previous history which shows apathy of the persons, who remained in control of the society, suffice would be to take note of the fact that in earlier dispute of like nature, when the matter was brought before this Court by filing writ petitions and special appeals namely; Writ Petition No. 2008 (MS) of 1997, Writ Petition No. 3301(MS) of 1997, Special Appeal No. 90 of 1998 and Special Appeal No. 91 of 1998 alongwith other connected matters, the Division Bench of this Court on 30.11.1998 after finding that all the bodies mentioned in the Memorandum of Association, its bye-laws and Regulations of the India Literacy Board having become defunct and the affairs of the society were being managed by the receiver, Justice G.B. Singh (Retd.) appointed by this Court in pursuance of the order passed in Special Appeal No. (MS) of 1994 decided on 20th June 1995 which order was confirmed by the Supreme Court also on 19.2.1996 and taking note of the fact that there should be a practical solution to end the impasse prevailing in the society, to put it on the rails again, so that normalcy be returned and proper functioning be restored, constituted a ‘Committee of five’ consisting of the following members:-1. Mr. Justice R.B. Misra, Chairman Former Judge of Supreme Court of India.2. Mr. Justice A.N. Verma, Former Judge-Allahabd High Court, Vice Chairman.3. A nominee of the Ministry of Education and Social Welfare, Government of India.4. The Chairman, All India Adult Education Association, New Delhi.5. One person to be elected by the Board from amongst its members, other than the Chairman and the Vice-Chairman.13. It was directed that the Chairman and the Vice Chairman would take steps to contact the Chairman of Indian Adult Education, New Delhi and the concerned authority of the Ministry of Education and Social Welfare, Government of India or its successor Ministry and convene meeting of the Committee as early as possible. This ‘Committee of five’ with the nominated Chairman and Vice Chairman would function for six months or till Board and the Executive Committee were constituted/reconstituted and elected Chairman and Vice-Chairman assume office, whichever was earlier. The officer/official nominated by the Chairman would take over charge from the receiver within one week of receipt of the order of the Chairman.14. This ‘Committee of five’ with the nominated Chairman and Vice Chairman would function for six months or till Board and the Executive Committee were constituted/reconstituted and elected Chairman and Vice-Chairman assume office, whichever was earlier. The officer/official nominated by the Chairman would take over charge from the receiver within one week of receipt of the order of the Chairman.14. The Court observed with constraint but not without a degree of concern that the office bearers of the Staff Associations have not been taking proper interest for smooth management of the affairs of the society and they appear to have been more interested in fighting litigation regarding constitution of different bodies of the Association and have even taken sides in the tussle between the then Vice-Chairman and the Chairman. When the representatives of the employees are invited to participate in management of the society, it is with a view to set a healthy example of employees’ participation in management and to benefit the Society and their experience and the offer is not meant to permit indulgence in the constitution of the Committees and the Board and in the matter who should be the office bearers of the Society.15. The said ‘Committee of five, constituted by the orders of Court aforesaid dated 30.11.1998, constituted a new Board and the Executive Committee, of which Justice B.L. Loomba, a retired Judge of Allahabad High Court, was appointed as Chairman and Sri J.C. Pant as Vice Chairman besides official members and ex-officio members, nine members were also nominated. This Board was constituted on 6.2.1999.16. The Board continued to function for some time but in between Justice B.L. Loomba resigned on 22.07.2000 and Sri J.C. Pant was appointed as Chairman. The new Board aforesaid started functioning w.e.f. 6.2.1999 which allegedly was to last till its term i.e. 5.2.2002 but the Board by its special meeting held on 30.12.2001, resolved that the term of the Board be confined upto 31st December 2001 and new Board may start its functioning w.e.f. 1.1.2002.17. A meeting of ‘Committee of five’ in this regard took place on 17.11.2001 in which a new Board was constituted/nominated, which started functioning w.e.f. 1.1.2002 and was to continue upto 31st December 2004. In this Board, Sri J.C. Pant was again nominated as Chairman. A meeting of ‘Committee of five’ in this regard took place on 17.11.2001 in which a new Board was constituted/nominated, which started functioning w.e.f. 1.1.2002 and was to continue upto 31st December 2004. In this Board, Sri J.C. Pant was again nominated as Chairman. It appears that prior to the expiry of the term of Board no steps for its reconstitution were initiated by the erst-while Board. It was only after expiry of its term that the next Board is claimed to have been reconstituted on 22.2.2005 through postal communication.18. Trouble arose when the outgoing Chairman, Sri J.C. Pant took steps to notify a new Board and sent a letter for registration to the Deputy Registrar on 13.3.2005 saying that the list of the members of newly constituted Board be registered for the period 2005-08.19. On such request being made by the outgoing Chairman Sri J.C. Pant objections/representations were filed namely; one by Sri Prabhu Dayal, member of Literacy House Welfare Society, dated 6.4.2005 and the other objection was filed by Sri K.G. Singh, Secretary of the society on 7.4.2005.20. The objections in nut-shell were that the term of the Board had expired on 31st December 2004 and therefore, the Chairman Sri J.C. Pant was not competent to constitute the Board.21. A plea was also raised that the Chairman Sri J.C. Pant had already undergone his two terms, consequently, he has incurred disqualification to continue or to become the Chairman and that so was the case with the Vice Chairman, Sri Bhawani Shanker Garg.22. The Deputy Registrar called for a reply from Sri J.C. Pant, Chairman and Sri P.K. Sundariyal Secretary of the Board. The Deputy Registrar on consideration of the objections and the pleas raised by the outgoing Chairman precisely came to the conclusion that in view of the provisions of Article 9(1) read with Article 28(2) Sri J.C. Pant and Sri Bhawani Shanker Garg having completed two terms on 31.12.2004 were not authorized to continue on the Board for the period in question namely 2005-08.23. The Deputy Registrar, also came to the conclusion that in terms of Article 2(2) a person shall be disqualified for being a member of the Board or the Executive Committee or for continuing as such if he directly or indirectly accepts any renumeration for any work done or to be done for the Board or any contract for the supply of goods to or for the execution of any work for the Board, whereas there were 11 such persons, who incurred this disqualification including Sri J.C. Pant and therefore, also he would not be entitled to continue as Chairman.24. The main plea of the Board so constituted is that the Deputy Registrar went astray in holding that since the term of the Board had expired, therefore, it stood precluded to nominate/constitute the Board and therefore the said action was barred by time, submission is that the Board is a continuous Board which at no point of time, comes to an end or ceases to exist in terms of the regulations which provide for constitution of such Board, therefore, the very assumption of jurisdiction by the Deputy Registrar to conduct the elections or to constitute a ‘Committee of five’ is per-se without authority of law.25. It is also, the plea of Board, that though the Chairman and Vice-Chairman had already completed their two consecutive terms, and thus could not have continued on the new Board, but they were essential invitees, being the outgoing Chairman and Vice Chairman for constituting the Committee of Five, they being the members of the Board as per Art 2 and 9.26. The next plea is that the articles do not provide for any election of the Board but it is constituted by nominations and therefore, also the Deputy Registrar cannot exercise any power under section 25(2) of the Act for constituting the Board by misquoting it as election of the members of the Board including the Chairman and Vice Chairman.27. Since the Board is a continuous process, therefore, the provision of Section 25(2) of the Act could not be invoked by the Deputy Registrar for holding the election/constituting the Board, on the pretext that the office bearers in power, did not constitute the Board within its tenure.28. Since the Board is a continuous process, therefore, the provision of Section 25(2) of the Act could not be invoked by the Deputy Registrar for holding the election/constituting the Board, on the pretext that the office bearers in power, did not constitute the Board within its tenure.28. Further plea is that the ‘Committee of five’ could not have been constituted by the Deputy Registrar, moreso when the outgoing Chairman and Vice Chairman were not called for the purpose in the meeting and as per the own showing of the Deputy Registrar, the quorum of the said committee has to be not less than three members, whereas only two ex-officio members who were only found valid members by the Deputy Registrar, were existing on the date when the ‘Committee of five’ was constituted. Election of one member in the ‘Committee of five’ could not have been done excluding the out going Chairman and the Vice Chairman while making such an election of one member who is to be elected from amongst the members of the Board, other than the Chairman and Vice Chairman of the Board. Disqualification to continue on being re-elected as Chairman or Vice Chairman after having functioned as such for two consecutive terms, does not stand in the way in constituting a new Board nor the ‘Committee of five’ by the outgoing Chairman and Vice Chairman.29. Reliance is also being placed upon Article 28 which says that until new Board is constituted in accordance with the rules and regulations, the existing Board, its Executive Committee and the office bearers of the Board shall continue to function, as decided by the resolution No. ILB 76/2002 dated 14.8.1976, thus the outgoing Board was to continue as such till new Board is constituted.30. The Deputy Registrar though in terms of Article 2(2) had found 11 persons/members as disqualified members including Sri J.C. Pant and Sri K.C. Chaudhary, has declared Sri K.C. Chaudhary as Chairman on 11th August 2006 though as per own finding of the Deputy Registrar, he was disqualified to be appointed, nominated or elected as such.31. Another plea has also been raised that the Staff Association has no locus standi to challenge the constitution of the Board.32. Another plea has also been raised that the Staff Association has no locus standi to challenge the constitution of the Board.32. In response, the learned counsel for the Staff Association has submitted that the term of the Board was only three years as is also evident by the fact that in the order of the Deputy Registrar dated 11.8.2006 it was specifically prayed by the Board, so constitued that the registration be done for three years i.e. 2005-08 and therefore, it is not open for the appellants to urge contrary to the stand taken by them. All other pleas which duly find favour by the Deputy Registrar, have been reiterated by the Staff Association.33. In regard to the plea that the Staff Association is having no locus-standi, in the matter of constitution of the Board, reliance has been placed upon an interim order passed in Special Appeal No. 40 of 1994 in re:- Literacy House Staff Welfare Association vs India Literary Board and others wherein the Division Bench of this Court observed that in view of the fact that staff association was given right to be represented in the management, said welfare association has a locus to file the appeal. It cannot be said that the appellant has no locus standi to challenge the action of those who usurped the office of the Board and therefore, they have locus standi to challenge such an order.34. We also feel that the representation of the Staff Welfare Association being on the Board, their case cannot be thrown out on the ground of locus standi, if it is for a genuine cause before the Court for adjudication. Care, has, however, to be taken by such association while challenging any order or action of the Board that they are mainly employee and representatives of the society to participate in the management with a view to give benefit to the society by their experience and the offer is not meant to permit indulgence in the constitution of the Committee and the Board and in the matter who should be the office bearers of the society, as observed by the Division Bench of this Court vide order dated 30.11.1998 passed in Writ petition No. 2008 (MS) of 1997 and other connected matters.35. The constitution of the Board and the nomination of the members are governed by the provisions of Amended/Modified version of 2004 Rules and Regulations of the India Literacy Board. These Rules and Regulations which replace the Constitution of the India Literacy Board on 13.2.1966 were adopted by the India Literacy Board in its special meeting held at Indian Institute of Public Administration (IIPA), New Delhi on 22.6.2004. The relevant provisions for the purpose, are being quoted below:-Article 2: Membership of the Board.(1) The membership of the Board shall be divided into the following categories namely;-(a) Founder member.(b) Outgoing Chairman.(c) Outgoing Vice-Chairman.(d) Nominated Members.(e) Official Members.(f) Ex-Officio Members.(g) Staff Members.(h) Director.(2) A person shall be disqualified for being a member of the Board or the Executive Committee or for continuing as such if he directly or indirectly accepts any remuneration for any work done or to be done for the Board or any contract for the supply of goods to or for the execution of any work for the Board.Provided that the salaries and other allowances payment to the Director or to the staff members shall not be deemed to be renumeration within the meaning of this clause.Article-3: Founder Member. The name of Mrs. H. Wealthy Fisher, the founder of India Literacy Board (ILB), will remain as founder member.Article-4: Nominated Members.(1)The Board shall have NINE nominated members.(2) The Members referred to in clause (1) shall be nominated by a Committee constituted in accordance with Article 8;(3) Where any person nominated under clause (2) does not intimate his acceptance to act as a member or intimates that he does not wish to be such a member, the Board may hold its meetings with the remaining members, provided that the strength of the remaining nominated members is not less than five.(4) The Committee of Five shall in the circumstances mentioned in clause (3) take necessary steps to fill up the vacancy;(5) Subject to the provisions of Article 28(2), a nominated member shall be eligible for re-nomination.Article-5: Official Members.(1) There shall be Three official members of the Board who shall hold office as follows:-(i) One person to be nominated by the Govt. of India in the Ministry of Human Resource Development, Department of Elementary Education & Literacy.(ii) The Agriculture Production Commissioner ( or his nominee). of India in the Ministry of Human Resource Development, Department of Elementary Education & Literacy.(ii) The Agriculture Production Commissioner ( or his nominee). ( if the designation of this post is changed at any time by U.P. Government the new designation shall be deemed to have been adopted.)(iii) Secretary to the Government of U.P., in the Department of Education (or his nominee).(2) Where any person is nominated under clause (i)(ii) and (iii) by virtue of any office, he shall cease to be a member of the Board, as soon as he ceases to hold the said office, and his successor shall become a member for the remainder of the term.Article-6: Ex-Officio Members.(1) There shall be five ex-officio members of the Board:-(i) The Vice-Chancellor of the Lucknow University, Lucknow.(ii) The Vice-Chancellor of G.B. Pant University of Agriculture and Technology, Pant Nagar.(iii) The Vice Chancellor of the Chandra Shekhar Azad University of Agriculture and Technology, Kanpur and(iv) The Vice-Chancellor of Acharya Narendra Dev Agriculture University, Faizabad.(v) The President of Indian Adult Education Association, New Delhi.(2) If any ex-officio member referred to in clause (1) is unable to attend any particular meeting, he may nominate any other person not below the status of a Professor to attend such meeting and such nominee shall not have the right to vote.Article -7: Staff Members.(1) There shall be two staff members in the Board who shall be nominated by the Chairman.(2) One of the members nominated under this article shall be an employee from category A & B and one from category C & D of employees.(3) No employee shall be eligible for nomination under this Article unless he has completed at least 5 years of continuous/regular service on the date of such nomination.Article-8: Committee of Five.(1)There shall be a committee consisting of the following persons namely:-(a) The Chairman of the Board.(b) The Vice-Chairman of the Board.(c) A nominee of the Ministry of Human Resource Development, Department of Elementary Education and Literacy, Govt. of India.(d) The President, Indian Adult Education Association, New Delhi.(e) One person to be elected by the Board from amongst its members, other than the Chairman and the Vice-Chairman.(2) The Committee may take its decisions either by holding a meeting or if the Chairman so directs, by postal communication.(3) The quorum for every meeting of the Committee shall be three members.(4) If any member of the Committee is unable to attend any particular meeting, he may send his views by postal communication before the date of the meeting.(5) In the case of difference of opinion, the decision of the majority shall prevail.(6) The said Committee may nominate members [under clause (1) of Article 4] either by name or by virtue of office. Where any person is nominated as a member by virtue of his office and such person ceases to hold such office before the expiry of his term as a nominated member, his successor-in-office shall become a member for the remainder of the term.Article-9: Terms of Member-ship.(1) Subject to the provisions of Articles 10 and 24, the term of office of the Chairman, Vice-Chairman and members of the Board, other than the staff members, shall be three years.(2) The terms of office of the staff members shall be one year.(3) The term of membership under this Article shall be coextensive with the relevant Annual General Meeting, other than the Chairman and Vice-Chairman.Article-12: Executive Committee.(1) There shall be an Executive Committee of the Board which shall consist of the following members, namely:-(a) ..... ..... .....(b) ..... ..... .....(c) Three persons to be elected by the Board from amongst the nominated members which shall include the member nominated by the Board to the Committee of Five;(d) ..... ..... .....(e) ..... ..... .....(f) ..... ..... .....(g) ..... ..... .....(h) ..... ..... .....(i) ..... ..... .....(j) ..... ..... .....(k) ..... ..... .....(l) ..... ..... .....(2) ..... ..... .....(3) ..... ..... .....(4) ..... ..... ..... .....(e) ..... ..... .....(f) ..... ..... .....(g) ..... ..... .....(h) ..... ..... .....(i) ..... ..... .....(j) ..... ..... .....(k) ..... ..... .....(l) ..... ..... .....(2) ..... ..... .....(3) ..... ..... .....(4) ..... ..... .....Article-15: The Chairman.(1) The Chairman shall be nominated by the Committee referred to in Article 8.(2) The Chairman shall hold office for a period of three years from the date of his nomination and he shall be eligible for re-nomination.Article-17: Vice Chairman.(1) The Board shall have a Vice-Chairman who shall be nominated by the Committee referred to in Article 4(2).(2) The Vice-Chairman shall hold office for a period of three years and he shall be eligible for re-nomination.(3) If the Chairman is not available and an emergent situation has arisen wherein immediate action is necessary and Chairman cannot be approached easily, then the Vice-Chairman may exercise any of the powers of the Chairman. The matter shall however, be reported by him to the Chairman as early as possible and also at the next meeting of the Executive Committee and the Executive Committee would take an appropriate decision.Article-28: Miscellaneous(1) It shall be the duty of the Secretary to ensure that the Board and the Executive Committee are constituted in accordance with these Rules and Regulations as early as possible.Provided that until the new Board is constituted in accordance with these Rules and Regulations, the existing Board, its Executive Committee and the office bearers of the Board shall continue to function as such as decided in resolution No. ILB-76/2 dated 14.8.1976.Provided further that membership of the Board will commence from the date on which the Secretary, India Literacy Board intimates the formation of the new Board in accordance with these Rules and Regulations as per resolution No. ILB76/2 dated 14.8.1976 referred to above.(2) No person shall hold office as a member of the Board or of the Executive Committee for more than two consecutive terms at a time. Provided that this clause shall not apply to the members referred to in Article 5, 6 and 7.(3) No act or proceeding of the Board or the Executive Committee shall be invalid merely by reason of:-(a) any vacancy or defect in the constitution thereof; or(b) any defect in the election, nomination or appointment of a person acting as member thereof.(4) In case of any doubt or dispute about the interpretation of these Rules and Regulations, or with regard to any matter not covered by the same, the question shall be referred to the Chairman, whose decision shall be placed before the next meeting of the Executive Committee and the Executive Committee’s decision shall be final.36. A perusal of the relevant rules, reveal that outgoing Chairman and outgoing Vice Chairman constitute membership of the Board and 9 members are to be nominated on the Board. There are official members, ex-officio members, Staff members and the Director, also on the Board.37. Since Mrs. Wealthy H. Fisher the founder member, is no more in this world, therefore, Article 3 losts its efficacy. Article 4 says that Board shall have 9 nominated members and they have to be nominated by the committee in accordance with the provisions of Article 8. Article 8 is the ‘Committee of five’ which consists of the Chairman of the Board, the Vice Chairman of the Board, a nominee of the Ministry of Human Resource Development, Department of Elementary Education and Literacy, Government of India, the President, Indian Adult Education Association, New Delhi, and one person to be elected by the Board from amongst its members other than the Chairman and the Vice Chairman. The quorum for every meeting of the Committee shall be three members.38. Thus, it is evident that only one person is to be elected in the ‘Committee of five’ who would be elected by the Board from amongst its members exempting the Chairman and the Vice Chairman, and while electing such a person, the outgoing Chairman and the Vice Chairman cannot be excluded, who form the membership of the Board under Article 2.39. The Board which consists of the members, as given in Article 2 of the Rules and Regulations has nine nominated members. These nine members are to be nominated by the ‘Committee of five’ as given in Article 4 sub clause(2).40. The Board which consists of the members, as given in Article 2 of the Rules and Regulations has nine nominated members. These nine members are to be nominated by the ‘Committee of five’ as given in Article 4 sub clause(2).40. It thus makes it clear and mandatory that there has to be a ‘Committee of five’ in accordance with Article 8 and this ‘Committee of five’ shall nominate nine members on the Board. The Deputy Registrar adopted a novel method for constituting the Board. He in his order dated 23.4.2005 held that if all nominated members of the Board, nominated on 23.4.2005 have been declared disqualified, there remain only two valid members in the ‘Committee of five’, i.e. a nominee of the Ministry of Human Resource Development and Literacy, Govt. of India and the President of Indian Adult Education Association, New Delhi, therefore, one person is to be elected by the Board from amongst its members in the ‘Committee of five’ and that India Literacy Board has only eight valid subsisting members namely; only ex-officio members and official members total eight in number whereas the Board consisted of 23 members including the founder member and the Director otherwise excluding these persons, it consists of 21 members leaving aside the founder member who is no more in the world.41. It could not be explained by the respondents including the counsel for the Staff Welfare Association that how the Deputy Registrar presumed and held that outgoing Chairman and the Vice Chairman were no more the members of the Board in the teeth of the provisions of Article 2. The disqualification and the ineligibility to continue in the consecutive third term in terms of Article 28(2) is not a disqualification or removal from the Board of the outgoing Chairman and the Vice Chairman and rather they constitute the Board itself and they are the valid members of the Board till a new Chairman and Vice Chairman is appointed.42. The provision aforesaid for maintaining the membership of the outgoing Chairman and the Vice Chairman and the Board is with a purpose. The constitution of the Board, is such where members of different categories enjoy their tenure as provided in the Rules and Regulations itself. The provision aforesaid for maintaining the membership of the outgoing Chairman and the Vice Chairman and the Board is with a purpose. The constitution of the Board, is such where members of different categories enjoy their tenure as provided in the Rules and Regulations itself. Article 9 prescribes the term and says that subject to provisions of Article 10 and 24, the term of office of the Chairman, Vice Chairman and members of the Board, other than the staff members, shall be three years whereas the term of the office of the staff members shall be one year and the term of the membership shall be coextensive with the relevant Annual General Meeting, other than the Chairman and Vice-Chairman.43. The decision of the Deputy Registrar that after excluding the outgoing Chairman and Vice Chairmn remaining members of the Board namely eight members who are the employees, (Staff members) and ex-officio members, will elect one member in the ‘Committee of five’ was palpably in violation of the aforesaid Rules as no such election could have been done by the Board in the absence of outgoing Chairman and the outgoing Vice-Chairman, consequently neither the constitution of ‘Committee of five’ nor the constitution of the Board can be said to be valid.44. Un-disputedly and obviously Articles, the Rules and Regulations do not provide for holding of election for the constitution of the Board but it only authorizes the ‘Committee of five’ to nominate nine members and other official members and ex-officio member. The ‘Committee of five’ has to nominate nine members on the Board but while doing so there should be a validly constituted ‘Committee of five’.45. In the instant case, admittedly the Deputy Registrar has himself found that there was only two members in the ‘Committee of five’ validly in existence. In any case, one person who was to be elected by the Board for constituting the ‘Committee of five’ was elected by eight ex-officio and official members without calling the outgoing Chairman and the Vice Chairman.46. In view of the aforesaid admitted fact, the constitution of the Committee of Five and consequently those of the Board by the Deputy Registrar is per-se illegal and against the provisions of the Rules and Regulations.47. In view of the aforesaid admitted fact, the constitution of the Committee of Five and consequently those of the Board by the Deputy Registrar is per-se illegal and against the provisions of the Rules and Regulations.47. While considering the plea of the appellants that the Board is a continuous process, it has to be taken into account that the Board consists of the members, falling under different categories as given in the Rules, whose terms have already been prescribed separately, but we do not find it necessary to delve on the said issue any further for the reasons that at present, it cannot be said that there is any duly constituted Board or ‘Committee of five’. The obligation to nominate nine members and to constitute the Board cannot be over-looked and since in the instant case, we have found that the Deputy Registrar has acted grossly in violation of the Rules and the Regulations for constituting the Board and ‘Committee of five’ we have desisted from commenting upon the life of the Board also for the reasons that the Board so constituted despite there being a provision to Article 28 for its continuance till new Board comes into existence, the existing Board can not enjoy indefeasible right to continue in the office in eternity or for unduly long period, despite the term of its members including the Chairman and Vice Chairman has come to an end in terms of second proviso to Article 28.48. In view of the observations made by the learned Single Judge that there is no validly elected and constituted Committee of Management in existence and it being established as aforesaid that the Deputy Registrar has acted without authority and jurisdiction and against the Rules and Regulations for constituting the Board, which Board cannot be allowed to continue, particularly when the same was formed on 11.8.2006 and it is January 2010, and during all this period, such a Board, has never assumed the office, we find it expedient that a ‘Committee of five’ be constituted by this Court for proper and effective management of the society so that controversy may be set at rest and the schemes for which heavy grants are being paid by the Central Government and the State Government be properly utilized and the dispute between the Society and the staff and the office bearers may be minimized.49. We, therefore, constitute the following ‘Committee of five’ consisting of the following persons, subject to their consent, who would constitute the Board, expeditiously say, within a maximum period of six months as per the Rules.1. Justice S.C. Verma (Retd.) Former Judge of Allahabad High Court, Chairman2. Justice Y.R. Tripathi (Retd), Former Judge of Allahabad High Court, Vice Chairman.3. Mr. Awadhesh Kaushal, Chairperson, Rural Litigation and Entitlement Center, Dehradun.4. Mr. Rakesh Kumar Mittal, IAS (Retd), 1/14, Vishwas Khand, Gomti Nagar, Lucknow.5. Prof. Nishi Pandey, Director Academic Staff College, Lucknow University, Lucknow.This constitution of ‘Five’ shall assume the charge immediately.50. The Receiver (Chief Secretary) shall hand over the charge to any officer, nominated by the Chairman, within ten days, from the issuance of such an order by the Chairman. In the special appeal 578 of 2006 filed by the Staff Welfare Association against the orders passed by the learned Single Judge, by means of which he has appointed the Chief Secretary as the Receiver, we do not find any ground to allow the special appeal as in principle we have agreed to the directive issued by the learned Single Judge and we have only modified the order to the extent that inspite of authorizing the Chief Secretary to constitute the Board we have constituted a ‘Committee of five’ who would constitute the Board, therefore, no relief can be granted to the appellants of this appeal.51. The special appeals as well as the writ petition are accordingly disposed of. The order passed by the learned Single Judge stands modified to the aforesaid extent._