Committee of Management, Shiksha Prasar Samiti & Anr. v. State of U. P. & Ors.
2012-09-20
A.P.SAHI
body2012
DigiLaw.ai
Amreshwar Pratap Sahi, J.;— Heard Sri Yogish Kumar Saxena, learned counsel for the petitioner, Sri M.C. Chaturvedi for the respondent No.3 and learned Standing Counsel for the respondent Nos. 1 and 2. This petition questions the correctness of the impugned order dated 7.9.2012 only to the extent of the direction issued by the Deputy Registrar for admitting through co-option in terms of the by-laws vis-a-vis the casual vacancy of Manager and other office-bearers to constitute the Committee of Management. Sri Saxena submits that his submission is now confined only to the aforesaid direction issued by the Deputy Registrar putting aside the other issues relating to the elections set up by either side which have been discarded by the Deputy Registrar. To substantiate his submission, Sri Saxena contends that it is undisputed that Late Mahesh Chandra Verma was elected as Manager on 24.6.2009. According to the by-laws, the tenure of the Committee of Management is 3 years and elections have to be held in the month of June upon expiry of 3 years. The by-laws further provide that the tenure of such a Committee elected would commence from 1st July of the Calendar year in which the elections are held. He, therefore, submits that the tenure of the erstwhile Committee has already come to an end on 30.6.2012, and no elections having been held within the said period of 3 years or even till now, it is only the Assistant Registrar, who can hold fresh elections under Sub-section (2) of Section 25 of the Societies Registration Act, 1860. He, therefore, contends that the tenure admittedly having expired, the direction given by the Deputy Registrar to fill up the casual vacancies in the Committee of Management the tenure whereof has already expired, is without jurisdiction. Learned Standing Counsel has not contested this issue and he submits that elections can be held by the authority as per Sub-Section (2) of Section 25 of the Societies Registration Act, 1860. Sri M.C. Chaturvedi contends that the election can be held if it is due. Having heard learned counsel for the parties, it is clear from the records and also from the impugned order that no fresh elections have been set up by either of the parties. The tenure of the erstwhile Committee has already come to an end in terms of the by-laws that have been referred to by the learned counsel for the petitioner.
The tenure of the erstwhile Committee has already come to an end in terms of the by-laws that have been referred to by the learned counsel for the petitioner. In the aforesaid circumstances, the direction given by the Deputy Registrar to fill up the casual vacancy of the erstwhile Committee is absolutely unjustified and an infructuous exercise. Accordingly, that part of the order dated 7.9.2012 is set aside. The writ petition is disposed of with a direction to the respondent No.2 to hold the elections afresh in accordance with law after convening the meeting of the General Body within a period of 2 months from today in accordance with the by-laws of the Society. _____________