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[2007(4) ADJ 664]
ALLAHABAD HIGH COURT
BEFORE : ARUN TANDON, J.
Dr. MEHANDI HASAN AND ANOTHER —Petitioners
Versus
STATE OF U.P. AND OTHERS ——Respondents
(Civil Misc. Writ Petition Nos. 42385 of 2005, 37849, 49683 and 50066 of 2000, 27795 and 42121 of 2001, 19594 and 33210 of 2002, 49104 and 43273 of 2003, 11311 and 47713 of 2004, all decided on 23rd March, 2007)
(B) Societies Registration Act, 1860—Section 25(1)—Educational Institution—Election of office-bearers of its society—Order passed by Prescribed Authority under Section 25(1)—Writ petition against—High Court normally does not interfere after six years of that order—But when it is found the Prescribed Authority passed orders without giving opportunity of hearing to parties and order passed by Prescribed Authority was outside reference made to it—High Court has to interfere—Prescribed Authority cannot decide matters beyond reference sent to it for adjudication—Such decision cannot be permitted to stand. [Paras 14 to 18]
(C) Educational Institution—Election of office-bearers of Committee of Management—Validity of—Depends upon validity of electoral college, from which election is conducted—When electoral college itself is found to be illegally formed and in itself under cloud, election from its members—Illegal—Cannot be accepted to be valid. [Paras 37 and 38]
(D) Education—Minority Institution—Appointment of teachers therein—By Committee of Management, functioning on basis of interim order of High Court—Not proper—Such Committee of Management whose continuance itself is in cloud—Should restrain itself from making appointment/selection of teachers. [Constitution of India, Articles 30 and 226]. [Paras 42 to 44]
Honble Arun Tandon, J.—Heard Counsel for the parties.
2. These 12 writ petitions, which have been filed by rival parties claiming a right to manage the Local Committee of All India Muslim Educational Conference, Bareilly, a society registered under the Societies Registration Act as well as Fazlur Rahman Islamia Inter College, Bareilly along with other educational institutions established and managed by the said society.
3. At the very outset the Court may record its unhappiness about the manner in which the parties have mis-utilized/rather abused the process of writ proceedings under Article 226 of the Constitution of India for perpetuating their continuance in the institution for years together without the actual dispute of right to manage the society and the institution as lawfully elected office bearers being finally adjudicated at any point of time by any of the authorities, as well as without getting any writ petition finally decided. By complicating facts and by concealing the real issue parties have been successful in obtaining interim orders after interim orders from this Court and as a result whereof at no point of time the basic issue of the right to be the lawful office bearers has been adjudicated finally. This practice must be brought to an end so that the Courts are not made an instrument for granting interim orders only.
4. According to the Court, a stage has come to adjudicate upon the rights of the parties finally and in this background, the Court instead of falling in the trap as suggested by the Counsel for the petitioner to grant interim order and to connect the last petition with the earlier pending writ petition, insisted that all the writ petitions themselves may be listed and may finally be adjudicated by this Court.
Facts :
5. Local Committee of All India Muslim Educational Conference, Bareilly is a society duly registered under the Societies Registration Act. The society is run and managed in accordance with the registered bye-laws. The General Body of the Society is known as Board of Control, elections whereof have to take place in accordance with the registered bye-laws of the society. The bye-laws contemplate 5 office bearers, two Secretaries and an Assistant Secretary. The terms of the office bearers is provided as three years and they are to continue till fresh elections are held. The Board of Control has been conferred a power to induct new members in Sub-Committee, the total whereof cannot exceeding 30. The criteria for induction of new members has also been specified.
6. Fazlur Rahman Islamia Inter College, Bareilly is an institution recognized under the Intermediate Education Act, 1921, established by the said society. It has its own approved scheme of administration. The Committee of Management of the institution is to consist of not less than 9 and not more than 15 members, which includes 5 office bearers. The term of the office bearers and members, other than ex officio members, shall be three years. Provided further that the term of every office bearers shall be deemed to have continued till his successor is chosen. Procedure for convening the meeting of the committee has been provided under Clause-9 and the procedure for conducting the meeting has been provided under Clause-10. Reference be also had to Clause-10 (h), which provides that election should be held well in time so that the term of the office bearers and members is not extended beyond three years in any case.
7. Under the aforesaid provisions of the bye-laws of the society and the scheme of administration of the institution, the disputes raised in the present writ petition has to be examined.
Group ‘A’
Writ Petition Nos. 37849 of 2000, 50066 of 2000 and 42121 of 2001 (dispute pertaining to the office bearers of the society):
8. Mohammad Abrar Ahmad, claiming himself to be the elected President, along with Aziz Ahmad alleged to be Senior Vice President, filed first writ petition, being Writ Petition No. 37849 of 2000. It is sta
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