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2014 Supreme(All) 562
ALLAHABAD HIGH COURT
BEFORE : P.K.S. BAGHEL, J.
COMMITTEE OF MANAGEMENT, MAHILA UDYOG MANDIR JUNIOR HIGH SCHOOL, UNCHA MANDI, ALLAHABAD AND ANOTHER ....Petitioners
Versus
STATE OF U.P. AND OTHERS .....Respondents
(Civil Misc. Writ Petition No. 6788 of 2014, decided on 12th March, 2014)
Counsel :
R.C. Singh for the Petitioners; C.S.C., A.K. Yadav and L.K. Dwivedi for the Respondents.
Headnote:Societies Registration Act, 1860—Section 25(1)—U.P. Basic Education Act, 1972—U.P. Intermediate Education Act, 1921—Section 16-A(7)—Election—Committee of Management—Powers of B.S.A.—In the matter of Junior High School the BSA for the administrative purposes can recognise a Committee of Management on the basis of the order passed by the Prescribed Authority or the Assistant Registrar passed order under Section 4 or 25(1) of the Act, 1860—If the Assistant Registrar accepted a list of office bearers under Section 4(1) of the Act, 1860—The said list of the office bearers can be recognised by the BSA for administrative purposes—In view of facts the District Basic Shiksha Adhikari has travelled beyond his jurisdiction under the provisions of the Act, 1972—He had no any authority to decide the dispute of office bearers, when said dispute had already been decided by Prescribed Authority under provisions of Act, 1860—Matter remitted back to respondent No. 2 to consider matter afresh. [Paras 39 to 46]
Hon’ble P.K.S. Baghel, J.—The petitioner, Committee of Management of a Junior High School; Mahila Udyog Mandir Junior High School has preferred this writ petition through the petitioner No. 2 Sri Akhiesh Kumar Mishra, who claims as a Manager of the Committee of Management of the said Institution.
2. The petitioner is aggrieved by the order dated 20.1.2014 passed by the District Basic Education Officer, Allahabad-respondent No. 2 herein, whereby he has refused to recognize the election of his faction dated 6.4.2012 and consequently rejected the representations of the petitioners dated 6.6.2013 and 27.9.2013.
3. The essential facts are; a Society, Mahila Udyog Mandir (for short, “the Society”) is registered under the provisions of the Societies Registration Act, 1860 (Act No. 21 1860"). It was registered on 22.1.1954. The Society has established and run a Junior High School; Mahila Udyog Mandir Junior High School (for short, “the Institution”). It is recognized by the U.P. Basic Shiksha Parishad. It receives aid out of the state funds, thus it is governed under the provisions of the U.P. Basic Education Act, 1972 and the Uttar Pradesh Junior High School (Payment of Salaries of Teachers and other Employees) Act, 1978.
4. A reference was made by the Registrar under Section 25(1) of the Act, 1860 to the Prescribed Authority in respect of the office bearers of the Society. From the record it seems that one Sri Sangam Lal Yadav was the Secretary/Manager of the Society, who continued to hold the office till his death on 13 April, 1991. After his death it is stated that on 11.5.1991 the general body elected Sri Vishwamohan Vaidya as the Secretary/Manager. It is stated that a notice was issued to hold the meeting of the Management to consider the allegations against Sri Vishwamohan Vaidya and Sri Murli Manohar Pathak that their functioning is detrimental to the interest of the Society and on the date fixed 06 September, 1992 both were expelled from the membership and in his place the petitioner No. 2 was elected as Manager/Secretary. The Prescribed Authority recognized the petitioner No. 2 as the Manager/Secretary of the Society by order dated 23.6.1997. A copy of the order of the Prescribed Authority is annexure-1 to the writ petition.
5. The Prescribed Authority has found that Mahila Udyog Mandir was initially registered on 22 January, 1954 but its renewal was not made in terms of Section 3A of the Act No. 21 of 1860. Section 3A has been inserted and by Act Nos. 13 of 1978 and 11 of 1984 further amendments have been made therein. Before insertion of said Section there was no provision for the renewal of the certificate of the registration. It is provided that a certificate of registration issued under Section 3 shall remain in force for a period of two years from the date of issue and a certificate issued before the commencement of the Amendment Act No. 11 of 1984 the certificate shall remain in force for a period of five years. Sub clause (5) of Section 3A provides that a Society which fails to get its certificate of registration renewed in accordance with the said Section within one year from the expiration of the period, for which the certificate was operative, shall become an unregistered Society. The provisions of sub-section (5) of Section 3A empowers the Registrar to renew the certificate beyond the prescribed limit, if the Society shows sufficient cause.
6. Admittedly, in the instant case, the application for the renewal was not made within the prescribed period, consequently the Society became unregistered. When the Society became unregistered one Sri Ghanshyam Dutt Mishra moved an affidavit that the original certificate of the Society was lost and he made a prayer that a fresh registration may be made under the name and style of Mahila Udyog Mandir Samiti, Dariyabad. On his application a fresh registration of a new Society was made under the name and style of Mahila Udyog Mandir Samiti Dariyabad.
7. In the meantime o
