The Authorised Controller appointed to manage the affairs of an institution in the absence of an elected Committee of Management does not have the power to enrol new members of the society. Such an act is beyond the powers of the Authorised Controller and violates the rights of the original members of the society to form an association.

( 1 ) THE only point which arises for determination in the present two writ petitions is whether the district Inspector of Schools (for Short d. I. O. S. ) and for that matter, the Authorised Controller is empowered to enrol and induct new members of the society with a view to take part in elections to constitute a new Committee of Management in accordance with the Scheme of administration, This controversy has cropped up in the wake of the following facts : there is a registered society known as Gramin Siksha Prasar Samiti. Mayee, which established an institution initially known as Adarsh Junior High School. It was recognised and aided by the state Government. The said school was upgraded for imparting education up to High School. The School, thereafter came to be known as Adarsh Ucchatar Madhyamik Vidyalaya. Mayee. At the time of the formation of the society, there were 15 founder members out of whom 7 have died and at present only 8 founder members are in existence. There is a Scheme of administration (for short scheme) in pursuance of which. 22 life members were inducted and thus the total membership of the society is 30 (22 life and 8 founder members ). The terms of the committee of Management under the Scheme is three years and its office bearers are to continue for a period of one month more. On the expiry of the period of 3 years and 1 month, the old committee of Management ceases to exist. In the instant case, the term of the Committee of management came to an end and in view of the provisions of Clause 8 of the Scheme. Shri Shiv ratan Shuhla, Principal, Government inter College, Orai, Jalaun was appointed as Authorised controller to manage the affairs of the institution for a period of 90 days w. e. f. 31-5. 1996- It appears that the new Committee of Management could not be elected within the aforesaid period and the Authorised Controller continued to function as such in pursuance of the order, extending its term from time to time. The Authorised Controller initiated the enrolment of life members of the society at the instance of D. I. O. S. and ultimately, a final list of newly inducted members of the aforesaid society was sent by the Authorised Controller to the D. I. O. S. on 21. 12. 1996. It was contemplated that the new Committee of Management shall be elected with the participation of the newly enrolled 29 members. Rajendra Pal Singh, the petitioner in writ petition No. 10543 of 1997 who was the ex-manager of the erstwhile Committee of Management took an objection to it and made a representation to the D. I. O. S. taking the plea that only the elected Committee of management or the general body of the society has the authority to induct new members of the society and that the Authorised Controller has no power or competence to enrol/enlist the new members.

( 2 ) IT appears that the representation made by Rajendra Pal Singh fell on deaf ears of the authorities and they were bent upon in holding election to constitute new Committee of management with the participation of new members. Rajendra Pal Singh has. therefore, filed civil Misc. Writ No. 10543 of 1997 in which he has prayed that the order passed by the D. I. O. S. recognising the newly inducted members as the members of the society be quashed and the respondents as well as Returning Officer be directed to hold the election as per schedule only with the participation of 30 members of the society.

( 3 ) AS a counter blast to the aforesaid writ petition, Shiv Pratap Singh has filed Civil Misc. Writ no. 12992 of 1997 which he has maintained that the newly enrolled members are entitled to participate in the election. It is prayed that the respondents be commanded not to hold the election on the basis of the list of 30 members furnished by the ex-manager Rajendra Pal Singh and that the Dy. Director of Education (for short d. D. E. ) be directed to decide the validity of the members after affording opportunity of hearing to the concerned parlies be