JUDGMENT Arun Tandon, J.
1. Heard Sri Gajendra Pratap Advocate on behalf of the petitioner, Sri Ashok Khare Senior Advocate, assisted by Sri S.D. Shukla Advocate, on behalf of respondent No. 2 and 4, Standing Counsel on behalf of the other respondents.
2. Shri Arya Mahila Hitkarini Mahaparishad Lahurabir, Varansi is a society duly registered under the Societies Registration Act. Petitioner No. 1 claims himself to be the life member of the said society. The said society has established amongst other a recognized Intermediate College known as Arya Mahila Inter College. The said institution is recognized under the provisions of the Intermediate Education Act, 1921 and has an approved scheme of administration which regulates the constitution of the Committee of Management for managing the said institution.
3. A dispute with regard to the Committee of Management of the institution was subject matter of consideration before this Court in Writ Petition No. 55866 of 2004, whereunder an order dated 2nd December, 2004, passed by the Joint Director of Education cancelling the recognition granted to Committee of Management with Sri Satya Narayan Pandey (respondent No. 4 in the present writ petition) was revoked and Prabandh Sanchalak was appointed. The writ petition was allowed vide judgment and order dated 16.2.2005 and Regional Joint Director of Education was directed to reconsider the matter after affording opportunity of hearing to the parties concerned. As a consequent to the aforesaid order, the Committee of Management which was recognized earlier (with Sri Satya Narayan Pandey as Manager) was put in control of the affairs of the institution. The present petitioner Sri Krishna Tiwari at that stage filed Writ Petition No. 38802 of 2005 with the allegations that the Regional Level Committee is not proceeding to decide the matter as remanded, for the reasons which were stated in the petition. This Court, without entering into the controversy raised by the petitioner, by means of the order dated 12.5.2005 required the Regional Level Committee to dispose of the matter by 31st May, 2005.
4. In pursuance to the aforesaid direction of this Court, the Regional Level Committee, as per the decision communicated under letter of the Joint Director of Education dated 30.5.2005, came to a conclusion that the Committee of Management with Sri Satya Narayan Pandey as Manager has been validly elected and therefore the earlier order of the Regional Joint Director of Education dated 2.12.2004 recognizing the said Committee of Management was reaffirmed and it was directed that the said Committee of Management would continue to function as lawful management of the institution. This decision of the Regional Level Committee is under challenge in the present writ petition.
5. On behalf of the petitioner it is contended that in accordance with the provisions of Clause 5 of the approved scheme of administration, the Executive Council of the Society, from amongst his members, elects 5 office bearers and 7 members of the Committee of Management of the institution. It is submitted that the alleged Executive Council of the Society which had held the election from amongst its members for constituting the Committee of Management of the institution (5 office bearers and 7 members) has been declared in valid under orders of the Assistant Registrar dated 28.8.2004 and a direction has been issued for constituting a fresh Executive Council of the Society under Section 25(2) of the Societies Registration Act.
6. In view of the aforesaid, the Committee of Management which was constituted by an illegally constituted Executive Council would if so facto became illegal and has no legal existence in the eyes of law . Therefore, such Committee of Management could not have been recognized as lawful Committee of Management by the Regional Level Committee. It is, therefore, submitted that the order dated 2.12.2004 is liable to be quashed.
7. On behalf of the respondent it is contended by Sri Ashok Khare that the present writ petition, as filed by the petitioner, is totally misconceived inasmuch as petitioner claims to be one of the life member, challenge to the legality of the elections on his behest could be made through proper civil proceedings only. It is further submitted that Sri Krishna Tiwari has no right to represent the society itself.
8. On behalf of the petitioner it is further pointed out that from the judgment of this Court in Writ Petition No. 38238 of 2004; reported in 2005(1) AWC 11, decided on 23rd November, 2004, it is apparently clear that there was an interim order operating right since 1995. The writ petition was dismissed as infructuous on 16.5.2002. During all this period, the Executive Council of the Society has been in effective control of the institution and during this period it has constituted the Committee of Management of the institution. Thus, the judgment of this Court dated 23rd November, 2004 will not affect the elections. which have been held by the Executive Council for constituting the Committee of Management of the institution. Under the scheme of administration the elected Committee of Management is to continue in office till its successor is appointed. In such circumstances there is no illegality or infirmity in the order of Regional Level Committee, providing for continuance of the respondent Committee of Management as lawful Committee of Management of the institution. I have heard Counsel for the parties and have gone through the records of the writ petition.
9. From the record it is apparent that Executive Council of the Karya Karini of the Arya Mahila Hitkarini Mahaparishad (Society) is elected in accordance with the registered bye laws of the society. The said Executive Council in its turn, from amongst its own elected members, elects 5 office bearers and 7 members for constituting the Committee of Management of the Intermediate College. It is not in dispute between the parties that a reference in respect of the office bearers of the society was made to the Prescribed Authority under Section 25(1) of the Societies Registration Act vide order of of the Assistant Registrar dated 20/21.12.1994. In the said proceeding the Prescribed Authority on 31st January, 1995 passed an order restraining the contesting parties from holding any fresh election for constituting the Karyakarini (Executive Council of the Society). The said order was challenged by means of Writ Petition No. 15105 of 1995 and this Court on 12th May, 1995 granted an interim stay order. As a consequent to the aforesaid interim order, fresh proceedings were initiated for holding elections of the Executive Council of the Society vide notice dated 19th June, 1995. Writ Petition No. 16471 of 1995, was filed by Sri Krishna Tiwari, against the holding of the said elections, wherein interim order was passed restraining the parties from holding any fresh elections of the society. Both the writ petitions were dismissed as infructuous vide judgment/order dated 16.5.2002 and the interim orders were vacated.
10. The Executive Council headed by Sri Satya Narain Pandey issued an agenda dated 15.7.2002 for holding fresh election of the Executive Council and entire election proceedings in that regard were transmitted to Assistant Registrar along with the list of office bearers. The list of the office bearers was registered on 13.9.2002. The order dated 13.9.2002 was challenged by means of the Writ Petition No. 50188 of 2002, which was allowed and matter was remanded to Assistant Registrar for deciding the objection of the petitioner. The Assistant Registrar rejected the objections filed by Sri Krishna Tiwari vide order dated 20.2.2003, which was again subjected to challenge by means of Writ Petition No. 14246 of 2003. The writ petition was allowed vide order dated 5.3.2004 and matter was remanded to Assistant Registrar for fresh consideration in light of the observations of the Court. The Assistant Registrar by means of the order dated 28.8.2004 held that the elections set up by Sri Satya Narayan Pandey of the year 2002 were illegal and accordingly directed that fresh election for continuing the Executive Council shall now be held under 25(2). The said order was challenged by means of the Writ Petition No. 38238 of 2004. The writ petition has been dismissed by this Court vide judgment and order dated 23.9.2004.
11. Thus, it is apparently clear that subsequent to the year, 1995 no valid election for constituting the Executive Council of the society have been held. The elections set up by Sri Satya Narain Pandey of the year, 2002 have been disapproved under of the of the Assistant Registrar, which was subject matter of challenge in Writ Petition No. 38238 of 2004, petition has since been dismissed. In such circumstances, this Court records that there no lawful Executive Council of the society was constituted in pursuance of the alleged elections of 2002. The question of any Committee of Management being constituted by such illegal Executive Council does not arise in the eyes of law nor any such Committee of Management, can be recognized nor can be permitted to act as the lawful Committee of Management of the institution. At this stage it will not be out of place to refer to the report of the District Inspector of Schools, which has been noticed in the impugned order at page 75 of the paper book, wherein it has been recommended that the parent body (Executive Council of the society) itself being illegal cannot elect any valid Committee of Management of the institution and therefore it was recommended that a Prabandh Sanchalak be appointed in the institution.
12. The Regional Level Committee, even after accepting the facts as have been noticed hereinabove with regard to there being no valid Executive Council of the society which could not constitute the valid Committee of Management of the institution, has proceeded to recognize the Committee of Management with Sri Satya Narayan Pandey as Manager broadly on the ground that there is no rival Committee of Management in the institution and that the elected Committee of Management is entitled to continue till fresh valid elections are held and lastly that there is no provision for appointment of Prabandh Sanchalak in the institution.
13. In the opinion of the Court, the reasons assigned in the impugned I order are totally unjustified inasmuch as Full Bench of this Court in the case of Committee of Management, Pt. Jawahar Lal Nehru Inter College, Bansgaon, District Gorakhpur and Anr. v. Deputy Director of Education, Gorakhpur Region, Gorakhpur and Ors.; reported in (2005) 1 UPLBEC 85 has specifically held that if the term of the earlier Committee of Management has expired or elected Committee of Management has become invalid, fresh elections of the Committee of Management can be held only by an independent agency. In view of the aforesaid legal proposition as settled by the Full Bench of this Court, and in the facts of the case, once it is held that the Committee of Management pleaded by Sri Satya Narayan Pandey, on the basis of the elections of the year 2002 of the Executive Council has been rendered illegal because of the illegality in the constitution of the Executive Council itself, the Joint Director of Education was under legal obligation to ensure that fresh elections of the Committee of Management are held by an independent agency and for the said purpose he has ample power to appoint a person for holding the fresh elections, who may be termed as Prabandh Sanchalak. The Regional Level Committee has failed to take into consideration the aforesaid legal position, as has been declared by the Full Bench of this Court. Clause 7 of the scheme of administration cannot be read in a manner to suggest that an illegally constituted Committee of Management shall be permitted to continue till some other Committee of Management is elected and therefore the entire premises of the order passed by the Regional Level Committee runs contrary to law and as such cannot be permitted to stand. At this stage reference may also be had to Clause 20 of the scheme of administration , wherein a power has been conferred upon the State Government to appoint a Prabandh Sanchalak, where circumstances have made it practically impossible for the institution being run in accordance with its approved scheme of administration. In totality of the facts and circumstances of the case, the order passed by the Regional Joint Director of Education permitting the respondent No. 4 Committee of Management to function, cannot be permitted to stand.
14. The order passed by the Regional Level Committee dated 30.5.2005 is hereby quashed. It is further provided that till fresh elections of the Karyakarini of Shri Arya Mahila Hitkarini Mahaparishad Lahurabir, Varanasi are held in accordance with the judgment of this Court dated 23rd November, 2004 passed in Writ Petition No. 38238 of 2004 and till such duly constituted Karyakarini holds fresh elections for constituting the Committee of Management of the Arya Mahila Inter College, there shall be single operation of account in the institution and none of the parties to the present writ petition have a right to manage the institution.
15. Writ petition is allowed. No orders as to cost.