ORDER Arun Tandon, J.
1. Heard Sri Gajendra Pratap Advocate on behalf of the petitioner, Sri V.K. Upadhyaya Advocate on behalf of respondent Nos. 1 and 2, Sri Ashok Khare, Senior Advocate, assisted by Sri S.D. Shukla Advocate on behalf of respondent Nos. 3 and 4 and the Standing Counsel on behalf of respondent Nos. 5 and 6.
2. Shri Arya Mahila Hitkarini Maha Parishad, Lahurabir, Varanasi, is a society duly registered under the Societies Registration Act, 1860. Petitioner No. 2, Ram Janam Rai, claims himself to be the old trustee and life member of Shri Arya Mahila Hitkarini Maha Parishad, Lahurabir, Varanasi (society). The said society runs and manages various educational institutions including Degree College and Inter College at Varanasi. The dispute giving rise to the present writ petition is confined to management of Arya Mahila Degree College, Chetanganj, Varanasi. The aforesaid degree college is affiliated to Banaras Hindu University in accordance with the provisions of Banaras Hindu University Act and statutes framed thereunder. The college receives 47.5% maintenance grant from the State Government and 47.5% maintenance grant is received from the University Grants Commission. The remaining 5% of the maintenance expenditure is borne by the management of the college. It is not in dispute between the parties that the executive committee of the society is elected every three years under the bye-laws of the society which in turn forms the Committee of Management for the Degree College. It is further admitted that no separate scheme of administration contemplating any other elections for the Committee of Management of the Degree College has been enforced. It is alleged that the elections of the Executive Council of the Society took place on 2-4-2002 and the said Executive Council formed the Committee of Management of the Degree College on the same day for managing the affairs of the Degree College. One Dr. Shashi Kant Dixit, respondent No. 4, is alleged to have elected as Manager of the College. The legality of the aforesaid elections was subject matter of dispute before this Court in Writ Petition No. 14246 of 2003. Under the orders of this Court dated 5-3-2004 the matter was referred to Assistant Registrar, Firms, Societies and Chits, Varanasi, to examine the correctness or otherwise of the election held on 2-4-2002. The Assistant Registrar in compliance of the directions issued vide order dated 28-8-2004 held that the elections dated 2-4-2002 were illegal and there was no valid Executive Council of the society. By means of order dated 14-9-2004 the Assistant Registrar further directed that in view of the fact that there was no lawful executive committee of the society, in order to protect the property of the society, restrained the claimants from dealing with the property or from operating the bank accounts.
3. Feeling aggrieved by the order dated 28-08-2004 and 14-09-2004 the respondent Nos. 3 and 4 filed Writ Petition No. 38238 of 2004. The writ petition was dismissed by this Court vide judgment and order dated 23-11-2004 which was subsequently modified vide order dated 22-12-2004. Against the said judgment and order of the learned single Judge respondent Nos. 3 and 4 preferred a Special Appeal wherein admittedly no interim order had been granted. In view of the aforesaid facts the petitioners moved an application before the Banaras Hindu University to withdraw the recognition which had been granted to respondent No. 3, Committee of Management. The Registrar of Banaras Hindu University by means of order dated 1-6-2005 has informed the petitioners that the Committee of Management of the institution is neither illegal nor it has become time barred, and, therefore, the request of the petitioner has been rejected. It is against this order dated 1-6-2005 that the present writ petition has been filed.
4. On behalf of the petitioner it is submitted that the order dated 1-6-2005 is based on complete non-application of mind inasmuch as the election of the Executive Council of the society have been declared as null and void by the competent authority. The Committee of Management of the institution constituted by the Executive Council of the Society falls automatically and, therefore the Registrar of the University is not justified in holding that the Committee of Management of respondent No. 3 is legal and has not become time barred.
5. On behalf of the respondents a counter affidavit has been filed and it is contended that petitioner No. 2, Ram Janam Rai, is not a member of the society nor he has any locus to file the present writ petition. Similar are the allegations with regard to petitioner No. 2, Shri Krishna Tiwari.
6. I have learned Counsel for the parties and gone through the record of the writ petition.
7. It has not been disputed that this Court vide order dated 13-11-2004 has confirmed the order of the Assistant Registrar dated 28-8-2004 declaring the elections of the Executive Council of the Society to be illegal and in the Special Appeal filed against the judgment and order of the learned single Judge no interim order has been granted. It is also admitted that under the order of this Court dated 22-12-2004 directions have been issued for fresh election of the Executive Committee of the Society to be held by the Assistant Registrar and till such fresh elections the trustees have been given a right to manage the property of the society with the condition that except for the expenditure which may be necessary for such elections no major expenditure is to be incurred by the trustees. The Committee of Management of the Degree College which constituted the said Executive Council of the Society can have no independent existence once the elections of the Executive Council itself have been declared illegal. Thus the Committee of Management constituted by the illegal Executive Council shall fall as a logical consequence.
8. The correctness of the allegations made with regard to petitioner Nos. 2 and 3 not being the life members of the general body of the society has been disputed by means of Rejoinder affidavit and serious factual disputes have been raised with regard to the alleged removal of petitioners 2 and 3 from the membership of the general body.
9. In the opinion of the Court it is not necessary to adjudicate any further upon the contention raised on behalf of the respondents qua the locus of the petitioners Nos. 2 and 3 on the ground that they are not the life members of the general body of the society inasmuch as under orders of this Court dated 23-11-2004 as modified on 22-12-2004 directions have already been issued to the Assistant Registrar to hold fresh elections of the Executive Council of the Society which in turn would constitute the Committee of Management of the Degree College. While finalizing the electoral college the dispute of subsistence of membership of the petitioners shall also be determined after deciding the objections, if any, by the competent authority.
10. In such circumstances by no stretch of imagination respondents Nos. 3 and 4 can be held to be lawful management of the institution. The orders dated 23-11-2004 and 22-12-2004 have been passed by this Court after hearing respondents Nos. 3 and 4 who were party to the said writ petition and they are, therefore, bound by the said judgment and order. In such circumstances respondent Nos. 3 and 4 are not entitled to continue as lawful management of the Degree College.
11. The writ petition is allowed. The order dated 1-6-2005 is hereby quashed. However, in view of the judgment and orders passed by this Court dated 23-11-2004 and 22-12-2004 passed in Writ Petition No. 38238 of 2004 it is provided that the trustees shall continue to look after the day to day affairs of the Degree College with restrictions as have been mentioned in the order dated 22-12-2004.