Court No. - 54
Case :- WRIT - C No. - 42448 of 2019 Petitioner :- C/M Kisan Madhyamik Shiksha Parishad And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Narendra Kumar Chaturvedi,Sanjay Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the petitioners and learned Standing Counsel.
This writ petition has been filed for issuance of mandamus commanding the respondent no.2-Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur to consider the application of the petitioners dated 31.12.2018 to hold the election under Section 25 (2) of Societies Registration Act, 1860 (hereinafter referred to as the Act) within stipulated time.
The contention of learned counsel for the petitioners is that the last election of the society was held on 23.9.2007, thereafter no election was held and the term of the society has already been expired long ago. It is further contended by learned counsel for the petitioners that vide judgement dated 28.5.2019 passed in Writ C No. 15337 of 2019, C/M Kissan Inter College Karjhaha and Another vs. State of U.P. and 4 others, this Court directed the Joint Director of Education to appoint Authorized Controller to conduct the election of committee of management in accordance with Scheme of Administration of the college after considering the list of valid members from the office of Assistant Registrar and it was also provided in the order that the aforesaid exercise should be completed within three months from the date of production of certified copy of the order.
Relevant portion of the aforesaid judgment is quoted hereunder:
"Considering the facts and circumstances of the case, with the consent of parties, impugned order dated 25.03.2019 passed by Joint Director of Education- respondent no. 2 is hereby quashed. Joint Director of Education is directed to appoint Authorized Controller to conduct the election of committee of management in accordance with the Scheme of Administration of college after obtaining list of valid members from the office of Assistant Registrar. The aforesaid exercise shall be completed maximum within a period of three months from the date of production of certified copy the order.
Accordingly, this petition is allowed."
Learned counsel for the petitioners submits that neither the election of committee of management was held pursuant to the direction issued by the Court in Writ C No. 15337 of 2019 nor the election of the society has been held by the Assistant Registrar. It is further contended by learned counsel for the petitioners that representation in this regard has been filed by the petitioners on 31.12.2018, appended as annexure-3 to the writ petition and a reminder was also sent on 7.9.2019, but till date no action has been taken by the Assistant Registrar to hold the election.
Under these circumstances, respondent no.2-Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur is directed to decide the petitioners' representation dated 31.12.2018 after hearing the affected persons, as expeditiously as possible, preferably within a period of two months from the date of production of certified copy of this order.
Writ petition is, accordingly, disposed of.
Order Date :- 19.12.2019 Noman