Gram Shiksha Mandal Shukulpur Meja Alld. Thru Secretary & Anr v. State of U. P. Thru Secretary Finance Deptt. U. P. Lkw. & Ors
2012-06-26
ARUN TANDON, RAM SURAT RAM (MAURYA)
body2012
DigiLaw.ai
Arun Tandon & Ram Surat Ram (Maurya), J.;— After the matter was argued at length, counsel for the parties agreed that the special appeal may be disposed of at this stage itself, without calling for any further affidavits, especially in view of the order proposed to be passed by the court. 2. Writ Petition No. 10223/2009 has been filed by the present appellant, challenging the order of the Assistant Registrar dated 5.2.2009, wherein he held that the elections set up by both the rival claimants, were illegal. The Assistant Registrar refused to register the list of office bearers submitted by the contesting parties and directed that fresh elections of the office bearers of the Society shall be hed by the Assistant Registrar himself, in exercise of powers under Section 25(2) of the Societies Registration Act. For the said purpose, he further proceeded to hold that the list of 34 members as mentioned in the order itself, be treated to be the electoral college. 3. In the writ petition, an interim order was granted by the Hon'ble High Court on 3.3.2009, which was challenged by means of Special Appeal No. 386/2010. The special appeal was dismissed by the Division Bench with the observation that Hon'ble Single Judge may try to dispose of the writ petition itself, if possible within six weeks. 4. Because of paucity of time, the writ petition has not been decided till date, meaning thereby that the interim order as confirmed by the Division Bench continued in operation. 5. However, it appears that another writ petition was filed, being Writ Petition No. 39446/2011 in respect of the election of the Committee of Management of the recognized intermediate college run by the society in the name and style of Sukalpur Inter College, Sukalpur, Allahabad. This writ petition has been decided under order dated 29.5.2012 in which it has been held that the elections set up were illegal. A further direction has been issued that fresh elections of the Committee of Management shall be held by an Authorized Controller to be appointed in the Institution, as admittedly, the term of the Committee of Management has expired. This court went on to hold that the order of the DIOS dated 14.6.2009 allowing respondent no. 5 to continue as the Manager, was illegal. 6. This order of the Single Judge is not under challenge before this court. 7.
This court went on to hold that the order of the DIOS dated 14.6.2009 allowing respondent no. 5 to continue as the Manager, was illegal. 6. This order of the Single Judge is not under challenge before this court. 7. In view of the aforesaid, it has to be recorded that the order of the Single Judge that fresh elections of the Committee of Management of the Intermediate College must be held by the Authorized Controller stands on record as on date. 8. The Single Judge on the basis of the order passed in Writ Petition No. 39446/2011 between the same parties, referred to above, proceeded to hold that because of the interim order passed in Writ Petition No. 10223/2009 dated 3.3.2009, there may be some difficulty in holding fresh elections and in order to avoid complications, the Single Judge has proceeded to vacate the interim order dated 3.3.2009 vide his order dated 29.5.2012. It is against this order dated 24.5.2012 that the present special appeal has been filed. 9. This court may record that the only issue which needs to be considered by this court at this stage is as to whether the list of members as recorded by the Assistant Registrar under the order dated 5.2.2009 which order is subject matter of serious challenge in Writ Petition No. 10223/2009, has to be accepted as the electoral college for holding of the elections of the Committee of Management of the Institution, or not. 10. In order to avoid any complications, it would be appropriate to clarify that the order of the Registrar dated 5.2.2009 in so far as it determines the electoral college and which is seriously under challenge in Writ Petition No. 10229/2009 cannot be taken to be final. The Authorized Controller shall proceed to hold elections in terms of the order of the writ court dated 29.5.2012, passed in Writ Petition No. 39446/2011, without being influenced in any manner with the directions contained in the order dated 5.2.2009. He shall determine the electoral college afresh after affording opportunity of hearing to the petitioner as well as the contesting respondents by means of a reasoned order, in accordance with law. It goes without saying that it is only after electoral college is finalized that fresh elections shall take place. 11. In view of the aforesaid clarifications, no further interference is required. 12.
It goes without saying that it is only after electoral college is finalized that fresh elections shall take place. 11. In view of the aforesaid clarifications, no further interference is required. 12. The special appeal stands disposed of with the aforesaid observations. _