Hon'ble Sabhajeet Yadav, J.
Special Appeal No.1736 of 2010 has been filed by the Committee of Management of the Azamgarh Muslim Education Society through its Secretary, Wasiuddin as also the Committee of Management, Shibli National Post Graduate College, Azamgarh through its Secretary, Wasiuddin and twenty other persons challenging the order dated 27th September, 2010 passed by the learned Single Judge, wherein the writ petition preferred by the appellants herein has been disposed of with the certain directions.
Special Appeal Defective No.954 of 2010 has been filed by Sri Wasiuddin, Joint Secretary/Officiating Secretary, the Azamgarh Muslim Education Society, Azamgarh and Sri Abu Saleh Ansari challenging the order dated 27th September, 2010 passed by the learned Single Judge, wherein the writ petition preferred by the respondent nos. 4 and 5 arrayed in the appeal has been disposed of by the learned Single Judge by applying the reasons and directions issued in Writ Petition No.47139 of 2010, Committee of Management, The Azamgarh Muslim Education Society, Azamgarh and others vs. State of U.P. and others decided on 27th September, 2010 itself.
Briefly stated the facts giving rise to the present appeals are as follows:
In the city of Azamgarh there is a society in the name and style of Azamgarh Muslim Education Society, Azamgarh, hereinafter referred to as "the Society" which is duly registered under the provisions of the Societies Registration Act, 1860. The Society has framed its bye laws. It has been established to run and administer various educational institutes, namely,
1.Shibli National Post Graduate College, Azamgarh, which is affiliated to Veer Bahadur Singh Purvanchal University, Jaunpur and is governed by the provisions of U.P. State Universities Act, 1973 and the First Statute framed thereunder.
2.Shibili National Inter College, Azamgarh, which is governed by the U.P. Intermediate Education Act, 1921;
3.Shibli National Girls High School, Azamgarh;
4.Shibli National Nursery School, Azamgarh; and
5.Shibli National Nursery School, Amilo, Azamgarh.
The dispute raised in the present appeals relates to the election of the Committee of Management of Shibli National Post Graduate College, Azamgarh, hereinafter referred to as 'the Post Graduate College" and Shibli National Inter College, Azamgarh, hereinafter referred to as 'the Inter College". In so far as the Post Graduate College is concerned it does not have any separate scheme of administration/management/Rules for electing members of the Committee of Management. However, in respect of the Inter College it has a Scheme of Administration under which the election of the Committee of Management has to be held. It is admitted between the parties that in the election held on 8th August, 2004 Sri Abu Saleh Answari was elected as President and Qamar Rashid Khan was elected as Manager of the Committee of Management. The said election was duly recognised by the authorities under the U.P. State Universities Act,1973, U.P. Intermediate Education Act, 1921 and the Societies Registration Act, 1860 and in respect of the said election there does not exist any dispute. The term of the Committee of Management is three years. Proceedings for fresh election was started and on 22nd July, 2007, the Committee of Management decided to appoint one Sri Zafar Iqbal, Advocate as the Election Officer and also finalised the election schedule. Individual notices were sent to each of the members of the Society along with the Rules for election. A total number of 39 nomination papers were filed for the membership of the Committee of Management of the Post Graduate College and 41 nomination papers were filed for the membership of the Committee of Management of the Inter College. The polling took place on the specified date and the result was also declared. The dispute arose as one set of persons claimed that the election was held on 3rd September, 2007 in which Abu Saleh Ansari was elected as President and Qamar Rasheed Khan as Manager with Shaukat Ali as Joint Secretary whereas the other set of persons claimed that the election was held on 4th September, 2007 in which Dr. Mohd. Anis Farooqui was elected as President and Shamim Ahmad as Secretary and Wasiuddin as Joint Secretary. The election held on 4th September, 2007 was approved by the University vide order dated 8th September, 2007. Two writ petitions were filed before this Court being Writ Petition No.45693 of 2007 and Writ petition No.62417 of 2007. During the pendency of the writ petitions Qamar Rasheed Khan, who was elected as Manager in the election held on 3rd September, 2007, expired on 22.10.2007 whereas Dr. Mohd. Anis Farooqui, who was elected as President in the alleged election held on 4th September, 2007, expired in the early part of the year 2008, the members of the Committee of Management was reduced to 28. The Vice Chancellor, therefore, passed an order on 16th January, 2009 directing fresh election to be held with regard of the office of President and the two vacancies which came into existence in the membership of the Committee of Management. The election took place on 17th February, 2009 in which Abu Saleh Ansari was elected as President and Abu Sad Shamsi and Mirza Muzaffar Beg were elected as members of the Committee of Management against the two vacancies. The order dated 16th January, 2009 passed by the Vice Chancellor was subject matter of challenge under Section 68 of the State Universities Act, 1973 before the Chancellor and vide order dated 15th April, 2010, the Chancellor issued directions for holding fresh election for the office of President and the two vacancies in the Committee of Management. The order passed by the Chancellor was challenged before the Lucknow Bench of this Court by means of Writ Petition No.3892 of 2010 in which an interim order was granted on 29th April, 2010. Some complaint was made and the Joint Secretary issued notice to Shamim Ahmad and Abu Sad Ahmad Khan for submitting explanation. A meeting of the Committee of Management of the Society was convened on 11th April, 2010 for consideration of the explanation and it is alleged that a decision was taken for removing Shamim Ahmad and Abu Sad Ahmad Khan from their posts and Wasiuddin was authorised to discharge all the functions of Secretary. In the said meeting 318 persons claimed to be enrolled as members by Shamim Ahamad was also discarded and an intimation of decision was given to the Assistant Registrar on 12th April, 2010. A meeting of the Society was held on 27th June, 2010 and a decision was taken to hold Annual General Meeting of the Society on 8th August, 2010. An Election Officer was appointed and the list of 318 members of the General Body was finalised and election schedule was published in the newspaper for holding election and it was intimated to the authorities accordingly. Individual notices were also sent. However, on 3rd July, 2010 Shamim Ahmad proceeded to publish a notice in Amar Ujala informing election to be held between 1.8.2010 and 5.8.2010. According to the writ petitioners of Writ Petition No.47139 of 2010 no such meeting took place and the entire claim is based on fabricated documents. In another meeting held on 6th April, 2010 a decision had been taken cancelling the schedule as published by Sri Shamim Ahmad in the newspapers. Writ Petition No.40781 of 2010 was filed which was subsequently got withdrawn on 2nd August, 2010. According to the writ petitioners of Writ Petition No.47139 of 2010, filing of nomination papers, scrutiny of withdrawal etc. had already taken place according to the election schedule published by them. However, in the meantime, an order dated 13th August, 2010 was served upon them by the Registrar of the University purporting to authorise the District Magistrate, Azamgarh to hold fresh election. By an order of the District Magistrate dated 2nd August, 2010, the Deputy District Magistrate had been authorised to do the needful. This order is subject matter of challenge in Writ Petition No.40781 of 2010.
In the Writ Petition No.52611 of 2010 the grievance of the petitioners therein was that the list of the members have not yet been finalised and the Assistant Registrar, Firms, Societies and Chits be directed to finalise the membership list of the Society and to ensure that the future election of the Society is held strictly in accordance with the bye laws of the Society.
The learned Single Judge after considering the various documents and plea raised by the respective parties came to the conclusion that as admittedly, there is a dispute between two rival Committees of Management and as per the election schedule alleged to be declared by both the parties time has already expired and no election has been held, therefore, in the interest of justice it would be appropriate that now election be held under the supervision of some authority who is competent to do that after finalizing the list of members of Society. The learned Single Judge directed the Assistant Registrar to finalize the list of valid members of the society after giving opportunity to the parties within a period of six weeks and to hold elections under his supervision. After the election of the Society is held, election of the Committee of Management of the Institution can be held under the supervision of the District Magistrate or by an authorized representative and pending election the Authorized Controller will manage the affairs of the Institution. These directions were also made applicable in Writ Petition No.52611 of 2010. Both the orders are under challenge in the two special appeals referred to above.
We have heard Sri Ashok Khare, learned Senior Counsel, assisted by Sri Siddhartha Khare on behalf of the appellants in both the appeals and learned Standing Counsel, who represents the State-respondents, Sri G.K. Singh, Sri Ajit Kumar Singh and Sri Rakesh Bahadur appearing for the contesting respondents in both the appeals.
Sri Khare, learned counsel for the appellants, submitted that the learned Single Judge has erred in law while directing the Assistant Registrar to finalise the list of members to hold election of the Society under his supervision as the appellants have a reasonable apprehension in their mind that the Assistant Registrar will not act independently in the matter. He further submitted that the Committee of Management of the Society had approved the Rules for holding election which was sent along with the notice to each of the members of the General Body of the Society. In the said Rules for election, it has been provided that there will be 18 members each of the Managing Committee of Inter College and Post Graduate College which will constitute the members of the Managing Committee of the Society and the election has been held in the year 2007 on the basis of these Rules. He, therefore, submitted that the election be held on the basis of the aforementioned Rules for election approved by the Managing Committee of the Society.
Sri Rakesh Bahadur, learned counsel appearing for the contesting respondents submitted that the Society is governed by its Rules and Regulations and the Rules applicable to the Managing Committee provides for 18 members out of which six are office bearers. There being no separate Rules for election of the Committee of Management of Post Graduate College, the election for the Committee of Management of Post Graduate College has to be conducted in accordance with the Rules of the Society. He further submitted that the Inter College has an approved Scheme of Administration and the Committee of Management has to be elected on the basis of the said approved Scheme of Administration and not under the Rules applicable to the Society. According to him the Rules of election framed by the Committee of Management and relied upon by Sri Khare provides a different constitution of the Managing Committee. Instead of 18 members provided in the Rules in the Managing Committee of the Society there would now be 36 members which cannot be done unless the Rules are amended by the General Body of the Society. He further submitted that the Managing Committee which was elected in the year 2004 continues its hold on the Institution and the Society and framed its own Rules for the Managing Committee which is not permissible. According to him, election is to be held strictly in accordance with the Rules of the Society and the approved Scheme of Administration in so far as it relates to the Post Graduate College and the Inter College respectively. Sri Khare was not in a position to dispute this submission made by Sri Rakesh Bahadur. However, he submitted that the Rules for election having been framed by the Managing Committee has not been specifically challenged, which Rules have been duly circulated and have to be given effect to.
We have given our thoughtful consideration to the various plea raised by the learned counsel for the parties and find that Rule 12 of the Rules framed by the Society provides for the constitution of the Managing Committee. It shall consist of six office bearers and twelve members, making the total number to eighteen members. There is no separate Rules for holding election of the Committee of Management of the Post Graduate College and therefore, the election of the Committee of Management of the Society and the Committee of Management of the Post Graduate College has to be held according to the Rules applicable to the Society. The Rules for election as approved by the Committee of Management in the year 2007 in effect modifies Rule 12 of the Rules applicable to the Society without it being approved by the General Body of the Society. It may be mentioned here that Rule 48 of the Rules framed by the Society specifically provides that the objects and rules of the Society may be modified according to Section 12 of Act No.XXI of 1860 i.e. the Societies Registration Act, 1860. Section 12 of the aforesaid Act provides that any proposal to amend the Rules has to be submitted to the members of the Society in a written or printed report and may convene a special meeting for consideration thereof and affirmed and agreed to by the votes of 3/5 of the members present. The appellants have not brought any materiel on record to show that the alleged Rules of election relied upon by them has been approved in the specified manner as provided in the Rules of the Society. The Rules of election relied upon by the appellants has not been approved by the General Body of the Society in the manner specified in Section 12 of the Societies Registration Act, 1860. Thus, holding of election of the members of the Society and the Post Graduate College as per the said Rules of election cannot be accepted. It is not in dispute that the election of the Committee of Management of the Society and the Post Graduate College have to be held in accordance with the Rules of the Society and that of the Committee of Management of the Inter College in accordance with the Scheme of Administration.
To set the controversy at rest considering the fact that all the institutions run by the Society are prestigious institution in the Eastern U.P. we deem it fit and proper to direct the election to be held by some independent authority. As apprehensions have been raised by Sri Khare regarding holding of election by the Assistant Registrar and also under the supervision of the District Magistrate, with the consent of the learned counsel for the parties, we deem it fit and proper to get the election held by an H.J.S. officer posted in the adjoining district Mau. For this we request the learned District Judge, Mau to spare Sri Praveen Kumar, Additional District Judge posted in the Judgeship of Mau, to hold the election of the Committee of Management of the Society, the Post Graduate College and the Inter College in accordance with the Rules framed by the Society and the approved Scheme of Administration respectively after finalising the list of members of the General Body of the Society. We may mention that as the list of members of the election held in the year 2004 is not disputed, the list of persons who were enrolled as members and have participated in that election and have been issued notice should be taken as valid members. Thereafter any person who has been enrolled as a member in accordance with the Rules framed by the Society should be treated as a member and entitled to participate in the election. The Election Officer shall fix the election schedule so as to coincide with any Saturday/Sunday of the month. The Election Officer shall publish a list of tentative members and invite objections/suggestions with documentary evidence to establish their claim within seven days and decide the objections within seven days thereafter. After the objections are decided he shall publish the list of valid members of the General Body of the Society entitled to participate in the election. The entire process should be completed by 6th of February, 2011.
The Society shall pay a sum of Rs.20,000/- as honorarium to Sri Praveen Kumar, learned Additional District Judge, Mau, for holding election and shall also make arrangement for stay and travel etc. In view of the foregoing discussions, both the appeals are disposed of and the impugned order of the learned Single Judge stands modified to the extent indicated above. However, the direction of the learned Single Judge appointing the Authorised Controller to look after and manage the Institution till a duly recognised Committee of Management takes over stands. The parties shall file a certified copy of this order before the learned District Judge, Mau, who shall do the needful. Sri Praveen Kumar, learned Additional District Judge, Mau, who has been entrusted with the work of holding election under the orders of the Court shall be entitled to Special Casual Leave for the actual days on which he goes to Azamgarh for the purpose of holding elections or any process connected thereto.
Order Date:1.12.2010 mt Court No.40 Case :- SPECIAL APPEAL No. - 1736 of 2010 Petitioner :- C/M, The Azamgarh Muslim Education Society Thru' Sec. & Ors.
Respondent :- State Of U.P. & Others Petitioner Counsel :- Siddharth Khare,Ashok Khare Respondent Counsel :- C.S.C.,Ajit Kr. Singh,G.K. Singh Hon'ble R.K. Agrawal, J.
Hon'ble Sabhajeet Yadav, J.
Disposed of.
For order see order of date passed on the separate sheets.
Order Date: 1.12.2010 mt.