Chief Justice's Court
Case :- SPECIAL APPEAL No. - 662 of 2018 Appellant :- C/M Adarsh Junior High School And Anr.
Respondent :- State Of U.P. And 5 Ors.
Counsel for Appellant :- Anil Kumar Ray,Radha Kant Ojha (Senior Advocate) Counsel for Respondent :- C.S.C.,Ras Bihari Pradhan,Siddharth Khare
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Yashwant Varma,J.
Heard Mr R K Ojha, learned Senior Advocate, assisted by Mr Anil Kumar Ray, learned counsel for the appellants and Mr R B Pradhan, learned counsel for respondent no.3.
This special appeal is directed against the order dated 21.2.2018, whereby the appellants' writ petition, challenging the order dated 8.8.2012 passed by the Assistant Registrar, Firms, Societies and Chits, Varanasi and the order dated 26.12.2011 by which, the fourth respondent had registered the list of office bearers for 2011-12, as submitted by the fifth respondent, has been dismissed. In effect, the challenge is to the elections that were conducted in 2010 for a period of five years (2010-2015). It is not in dispute that election of the Committee of Management was again held in 2015-16 and presently the Committee of Management, which has been elected for the year 2015-20, is holding charge of the Society. Keeping this in view and considering that the learned Single Judge considered the challenge at considerable length, we are satisfied that no useful purpose will be served by entertaining this appeal. At this stage, we would only like to reproduce the findings recorded by the learned Single Judge in paragraphs 36 and 41 of the impugned judgment, which reflects a correct appreciation of the challenge raised by the appellants. Paragraphs 36 and 41 read thus:
"36. It is evident from a perusal of the impugned order passed by the Assistant Registrar that the petitioners Committee of Management allegedly led by Bal Kishun Singh, and thereafter by Shiv Murat Yadav, petitioner No. 3, herein later impleaded through the Impleadment Application No. 141467 of 2015, had consistently tried to unsettle the claim made by the Committee of Management headed by late Shiv Govind Singh. The Education Authorities as well as the Assistant Registrar have consistently given a finding in favour of the Committee of Management led by late Shiv Govind Singh and later on by respondent No. 5, Dinesh Singh his son. Merely raising an issue without making out a prima facie case to substantiate that there was a bona fide dispute regarding election of office bearers or their continuance cannot force the Registrar to refer the matter under Section 25(1) of the Act before the Prescribed Authority.
41. The order passed earlier by the Education Authorities and by the Assistant Registrar have been challenged by the petitioners but have not been interfered with by this Court. The respondent No. 5 has been consistently elected since 2010. The later elections have been recognised by State-respondents and have not been challenged by the petitioners. Also, the orders passed for Single Operation of the Account were only for the purpose of disbursement of salaries of teachers and the employees of the school. The then Committee of Management headed by late Shiv Govind Singh continued to exist and could validly hold elections during the subsistence of its tenure. The challenged raised to the Assistant Registrar's order on ground of lack of jurisdiction cannot be considered as in earlier rounds of litigation, this Court had directed the Assistant Registrar to look into the objections of the petitioner regarding registration of the list of Office Bearers of the respondent Committee of Management."
With these observations, the appeal is dismissed.
Order Date :- 30.7.2018 RKK/-
(Dilip B Bhosale, CJ) (Yashwant Varma, J)