JUDGMENT Aloke Chakrabarti, J.
1. This writ petition was heard along with Civil Misc. Writ Petition Nos. 39006 of 1997 and 569 of 1998. The Azamgarh Muslim Education Society, a society registered under the Societies Registration Act, 1860, established two institutions named Shivali National (Post Graduate) College, Azamgarh and Shivali National Inter College, Azamgarh. The election of the society as well as of the Committee of Management of the aforesaid two Institutions was held pursuant to the direction given by this Court in earlier writ petition.
2. With regard to the management of the Institutions, a serious dispute was existing and the same was decided by this Court on 5.9.1991 in a bunch of writ petitions. According to the direction given in the said judgment for holding the election by the District Inspector of Schools, Azamgarh, the elections were held on 28.10.1991 and was accorded recognition by the appropriate authority and the Committee of Management so constituted discharged functions. After the expiry of term of the said Committee of Management for the purpose of fresh election an order was passed by the Vice-Chancellor, Purvanchal University on 19.9.1994 and against the said order a fresh writ petition has been filed which were also decided on 28.9.1994. The direction contained in the said subsequent judgment was duly followed and upon election being held the Committee of Management discharged duties.
3. With regard to the list of members there was a dispute between the President and Secretary of the committee which was to be considered by the Assistant Registrar. Firms, Chits and Societies. Before such consideration in a meeting held on 24.8.1997 the Committee of Management resolved the dispute by a resolution with regard to the list of members. By order dated 7.10.1997 the Assistant Registrar, Firms. Chits and Societies. Azamgarh refused to accept the list of members in view of enrolment of 100 members as was accepted by the Committee of Management. Challenging the said order, writ petition No. 34336 of 1997 was filed.
4. The District Inspector of Schools, Azamgarh by order dated 15.11.1997 cancelled the proposed election and his earlier order dated 29.10.1997 fixing election schedule and challenging the same writ petition No. 39006 of 1997 was filed.
5. The Deputy Registrar (Affiliation) by letter dated 23.10.1997 asked the District Inspector of Schools. Azamgarh to undertake proceeding for election in view of the direction passed by the Vice-Chancellor that the election of Committee of Management be conducted by the District Inspector of Schools in his own supervision in view of list of valid members certified by the Assistant Registrar. Chits. Firms and Societies. Challenging the said order Writ Petition No. 569 of 1998 had been filed.
6. Heard Mr. V. K. Shukla, learned counsel for the petitioner in Writ Petition No. 34336 of 1997. Mr. Ashok Khare, learned counsel for the petitioner in Writ Petition No. 39006 of 1997 and Mr. J. J. Munir. learned counsel for the petitioner in Writ Petition No. 569 of 1998 as also the learned standing counsel.
7. With regard to the order dated 7.10.1997 annexed at Annexure-10 to the Writ Petition No. 34336 of 1997, it has been contended by Mr. V. K. Shukla, learned counsel for the petitioner that the Assistant Registrar, Firms, Chits and Societies had wrongly refused to accept the membership of 100 persons on non-existent ground. It is contended that their membership was in accordance with law and there was no violation of any provision of law in respect of their membership. It is further contended that only reason on which such refusal of enrolment of those members was made is that the same would be improper as election was already fixed. It is the contention of the said learned counsel that the same does not form a ground on which enrolment of members can be refused and there is no rule or law for refusing enrolment of such members. There was a dispute in respect of list of members between the President and Secretary of the committee and such dispute had been resolved and a resolution was passed accepting the said members and. therefore, the Assistant Registrar was not having any power to reject such membership. It has been contended further that a notice had been Issued on 13.8.1997 Including the agenda relating to such members and fixing date of meeting on 24.8.1997 and notice dated 21.8.1997 was received on 29.8.1997 and, therefore, the motive Imputed by the Assistant Registrar for the purpose of refusing enrolment of new members Is non-existent.
8. Learned counsel opposing the said writ petition contended that as the members, who had been enrolled, did not come up before this Court challenging refusal of their membership and some of the new members filed a Civil suit, the said question cannot be considered in this writ petition. It is further contended that the election actually held in view of the interim order passed in that writ petition and, therefore, the question of membership cannot be considered here. It is further contended that the Assistant Registrar rightly refused the said membership as election was already scheduled and at that stage enrolment of new members in the factual background of the present case could not be supported.
9. The law in this connection has also been referred to by the respective parties as decided in various cases.
10. After considering the aforesaid contentions. I find that the Assistant Registrar. Firms. Chits and Societies has rejected the said membership on the sole ground that such enrolment was done after issuance of notice dated 21.8.1997 during the pendency of the dispute for the purpose of establishing monopoly on the verge of holding election. The law in this connection does not permit such consideration for the purpose of considering membership. There is no time bar prescribed for the purpose of enrolment of new members when election is scheduled. Moreover, in the earlier writ petitions relating to dispute of the present institutions, Court permitted enrolment immediately before the date of election. Factually also, I find that the dispute relating to list of members was existing between the President and Secretary of the committee and such dispute had been resolved at the stage the said membership dispute was considered. Therefore, at that stage on settlement of the dispute, the Committee of Management took a resolution and there is no allegation of any illegality in the matter of enrolment. Therefore, the order of Assistant Registrar cannot be upheld on the said presumed ground, particularly when there is no basis for imputing such a motive for the purpose of enrolment of new members and factually as 1 find that the dispute earlier existing in respect of membership was resolved by the Committee of Management, imputation of such a motive cannot be acceptable.
11. Such illegality can be challenged by the Committee of Management also and that the new members are not petitioners here, is no ground for refusing relief.
12. As in the election held under the interim order passed in the connected writ petition, the said new members could not participate, the said election cannot be allowed to stand.
13. In view of the aforesaid, the impugned order dated 7.10.1997 is liable to be quashed to the extent it rejected enrolment of 100 new members and the list of members is modified including said 100 new members.
14. With regard to the challenge to the order dated 15.11.1997, learned counsel for the petitioner in the Writ Petition No. 39006 of 1997 contends that the impugned order was passed without authority and as the life of the Committee of Management has already expired, the election held by virtue of interim order passed in other connected writ petition, cannot be disturbed. But I am of the opinion that the said election cannot be allowed to s'tand as the said new members could not participate there.
15. With regard to the Writ Petition No. 39006 of 1997 and the Writ Petition No. 569 of 1998, in view of the aforesaid finding as regards enrolment of new members and that they were deprived of participation in the election held after their enrolment. I am of the opinion that fresh election is required to be held as life of the Committee of Management has expired and appropriate directions are required to be passed and. therefore. Writ Petition Nos. 39006 of 1997 and 569 of 1998 can be disposed of without Interference.
16. In view of the aforesaid findings, fresh election is required to be held granting opportunity to even new members and for the said purpose, following directions are given as under :
(1) The certified copy of this judgment shall be submitted before the District Inspector of Schools, Azamgarh within ten days from the date of this Judgment.
(2) The District Inspector of Schools, Azamgarh shall nominate an Associate District Inspector of Schools, as Officer. Incharge for election or himself be incharge for the conduct of election of officebearers of the Managing Committee of the Shivali National Inter College and Shivali National Post Graduate Degree College and Society, Azamgarh Muslim Educational Society within three days of receipt of the certified copy of the judgment.
(3) That the Election Incharge/District Inspector of Schools shall get the notice about the date, place and time for the voting for election of Society, members and office bearers, Committee of Management, of Shivali National Inter College and Sbivalt Post Graduate Degree College tn three Daily Newspapers in English, Hindi and Urdu having circulation in the District of Azamgarh and Mau published at least three weeks before the date so fixed.
(4) The Election Incharge shall get notices about the aforementioned election despatched to all the members under postal certificate at the addresses mentioned in the list of members submitted by the Assistant Registrar of Societies, Registration and Chits as modified by inclusion of 100 new members.
(5) That the Election Incharge shall not permit any person to challenge the correctness of the list of members.
(6) That the names of such members who are dead, shall be scored or with red ink in the list with initials of election Incharge at the time of voting, it so pointed out.
(7) That the Election Incharge shall permit representatives of the candidates contesting the elections to be present at the venue of election simply to watch the proceedings and conduct of elections.
(8) That Election Incharge shall get the election conducted by secret ballots and shall take all such steps to ensure fair and legal elections.
(9) That after the polling the ballots shall be counted by the Election Incharge the same day in continuation of the proceedings and he shall prepare the list of result after counting giving requisite details. He shall obtain the signatures of candidates of their polling agents and representative of candidates on such sheets prepared. In case of refusal by any candidate of representative or agents an endorsement shall be made by the Election Incharge to the said effect and finally declare the result of the election of successful candidates.
(10) The Election Officer after declaring the result of the election shall communicate the result of the election to the higher authorities. As required by law. The election of office-bearers, members so finally declared, shall be approved by the District Inspector of Schools and Vice-Chancellor of the Purvanchal University, as required under the Act applicable to the institutions. Since the election of the office bearers would be conducted under the direction, control and supervision of the offices of the Education Department, there shall be no necessity for approval and sanction to such election by the District Inspector of Schools. So far as the Society and.Intermediate College are concerned, they shall ipso facto be treated to have been approved as only elected office-bearers of the Committee of Management and the Society in respect of Intermediate College. In respect of the Post Graduate Degree College, the Vice-Chancellor shall pass necessary orders for approval/sanction about the Committee of Management elected under the supervision and the control of the Election Incharge in pursuance of this judgment.
17. The District Inspector of Schools and the concerned Officers of the election Department shall hand over the charge of actual Management of the Committee of Management of the Intermediate College, Post Graduate Degree College and the society to the office-bearers elected in pursuance of this judgment without delay and shall take such steps and action so that the elected office-bearers may assume charge and start functioning for the smooth running of the affairs of the institution.
18. The expenses to be incurred in the process of conducting the election shall be recoverable from the society Azamgarh Muslim Educational Society and Shivali National Inter College and Sri N. P. G. Degree College, Azamgarh. The District Inspector of Schools shall have legal right to reimburse the amount of expenditure for the elections from the fund and about of aid payable to those institutions.
19. The impugned order dated 7.10.1997 at Annexure-10 to the writ petition is quashed to the extent it rejected enrolment of 100 new members and list of members is modified including said 100 new members.
20. The writ petition is allowed as above.