JUDGMENT R.R. Yadav, J.
1. Heard the learned counsel for the petitioner, Sri Ashok Khare, learned standing counsel as well as learned counsel representing respondent No. 3, Sri B. D. Mandhyan.
2. The present writ petition is posted today for admission, and for disposal of stay vacate application but with the consent of the learned counsel for the parties. I would like to dispose it of finally on merit at admission stage.
3. Without delineating the facts averred in the writ petition and controverted in separate counter-affidavits filed by respondent Nos. 1 and 2 and respondent No. 3 in detail, it is borne out from perusal of record that the term of office of the elected Committee of Management has already expired under the bye-laws of the society. The petitioner Mohammad Salim Khan, the then elected Manager was entitled to hold election, but when the programme of election was declared by him, it was stayed by the order of District Inspector of Schools, Fatehpur. it is also borne out from perusal of record that after restraining the petitioner to hold election of Committee of Management, the District Inspector of Schools for the reasons best known to him, wrote a letter to the President of the Society to hold election, who was not entitled to hold election under the bye-laws of the society and under the Scheme of Administration approved by Educational Authority under U. P. Intermediate Education Act and Rules framed thereunder. Although the petitioner was restrained by the District Inspector of Schools to hold election unless enquiry is complete relating to members of general body of society, yet it is averred in the writ petition that the petitioner held election on 22.5.2001 whereas it is averred by contesting respondent No. 3 in his counter-affidavit that election of the Committee of Management was held on 30.7.2001. The Committee of Management alleged to have been elected on 30.7.2001 is approved by the Committee headed by Joint Director of Education and in consequence of the approval by the Committee headed by Joint Director of Education, the District Inspector of Schools, Fatehpur, has attested the signature of contesting respondent No. 3 as member of the Committee of Management. The order impugned attesting the signature of respondent No. 3 is filed and marked as Annexure-17 to the writ petition. The petitioner filed the present writ petition challenging the impugned order dated 29.9.2001 and obtained ad-interim stay order on 19.11.2001 passed by learned single Judge of this Court whereby the operation of the order impugned was stayed.
4. Having heard the learned counsel for the parties, I am of the view that election of Committee of Management ought to have been held by the petitioner who was indisputably Manager of the Institution under the bye-laws of society and also under the Scheme of Administration approved by Educational Authority. When he announced programme of election, it was stayed by the District Inspector of Schools, Fatehpur, as according to him members of general body are disputed. However, while staying the programme of election announced by petitioner, he illegally permitted the President of the Society to hold election, who was not authorised to hold election under the bye-laws of the society and under the Scheme of Administration. It is conceded at the Bar that neither in the election held by the petitioner nor by respondent No. 3, any observer was appointed by the District Inspector of Schools. Thus, both the elections held by petitioner and respondent No. 3 are invalid and liable to be set aside.
5. It is brought to my notice that Sri Satya Narain Singh Gautam, Assistant Teacher, Government Inter College, Fatehpur, was appointed as an observer to supervise the collection of the membership fee. He has collected membership fee from 3,939 members and received Rs. 39.390 as fee from them against which an objection was raised by the petitioner that large number of members have been enrolled by the aforesaid observer which is against bye-laws of the society. It was further illegal that some of the members are not residents of village Lalauli. However, it is revealed from perusal of Annexure-2B to the counter-affidavit filed on behalf of respondent Nos. 1 and 2 that District Inspector of Schools has appointed Sri R.S. Dwivedi as enquiry officer to go into the details of the enrolment of new members of general body by observer. Sri Satya Narain Singh Gautam. From perusal of Annexure-2B, it is further revealed that enquiry officer has reported that Committee of Management out of 3,939 members of general body enrolled has accepted only 548 as valid members. Rest of the members were not found eligible to be enrolled as members of the general body. It is also revealed from perusal of the bye-laws of the society as well as from the report of the enquiry officer that aforesaid decision taken by the Committee of Management was subject to appeal to general body. However, it is not decipherable from the enquiry report as to whether against the order of Committee of Management admitting only 548 members to general body, any appeal was filed or not before general body. It is true that against the bye-laws of the society the enquiry officer found that in a democratic set up it would be better if all newly enrolled members of general body, i.e., 3,939 are allowed to participate in the election of Committee of Management. The aforesaid conclusion of enquiry officer is per se Illegal as it is contrary to the bye-laws of society.
6. As a matter of fact, the decision taken by Committee of Management accepting only 548 members out of 3,939 newly enrolled members of general body is subject to appeal to general body. If no appeal is filed against the order of Committee of Management, then by corollary of reasons, it shall be presumed that the order passed by Committee of Management accepting only 548 members out of 3,939 newly enrolled members of general body is final. The concept of democracy is not extendable to the facts and circumstances of the present case against the bye-laws of the society registered under Societies Registration Act. It is held that election is to be held strictly in accordance with the bye-laws of the society and the Scheme of Administration approved by the Educational Authorities under the Intermediate Education Act and Rules framed thereunder. Since in the present case, both elections are not validly held and the term of the office of the petitioner has also expired under the Scheme of Administration, therefore, in order to arrest the piquant situation in the given case, the following directions are Issued :
(1) In the light of Section 5 of U. P. High School and Intermediate Colleges (Payment of Salary to Teachers and Other Employees) Act, 1971, the Accounts Officer in the office of District Inspector of Schools, Fatehpur is hereby directed to operate the account of the institution for disbursement of salaries to the Teachers and Other Employees of the Institution by single operation forthwith.
(2) Both the parties, the petitioner, Mohammad Salim Khan as well as respondent No. 3, Jamman Ali are hereby directed to make available relevant record relating to enrolment of members of general body to Assistant Registrar, Firms, Societies and Chits, Allahabad Region, Allahabad, within three weeks from today.
(3) The Assistant Registrar, Firms, Societies and Chits, Allahabad Region, Allahabad is hereby directed to make enquiry relating to enrolment of 3,939 newly enrolled members of general body of the society and resolution passed by the then Committee of Management accepting only 548 members of general body out of 3,939 newly enrolled members in supersession of the enquiry report dated 19.6.2001 submitted by Sri R.S.
Dwlvedi, Principal, Government Inter College, Fatehpur. The Assistant Registrar is to pass a speaking order after affording reasonable opportunity of being heard to both the sides relating to actual members of the general body within one month from the date of receipt of a certified copy of this order. It is made clear that the decision taken by the Assistant Registrar relating to actual number of members of the general body would be final and conclusive and shall be binding upon both the parties.
(4) The Assistant Registrar, Firms, Societies and Chits, Allahabad Region, Allahabad, is hereby also directed to hold election of the Committee of Management on the basis of actual number of members of the general body decided by him within two months from the date of decision taken by him relating to actual number of members of general body.
7. In the result, with the aforesaid directions, the Instant writ petition is allowed and the order Impugned dated 29.9.2001, Annexure-17 to the writ petition, passed by respondent No. 1 is hereby quashed.
8. Both the parties are directed to bear their own costs.