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1991 Supreme(All) 718

R.A.SHARMA
Committee of Management, Mahamana Madan Mohan Malviya Sanskrit Mahavidyataya, Bhatpar-Rani – Appellant
Versus
Vice Chancellor, Sampurnanand Sanskrit Vishwavidyalaya, Varanasi – Respondent


Advocates:
Advocate Appeared:
Akhilesh Pratap Singh, R.N.Singh, R.S.Mishra, R.P.Mishra, Sudhir Chandra, Ashok Khare, B.D.Mandhyan

JUDGMENT

R.A.Sharma, J.

1. Madan Mohan Malviya Shiksha Samiti, Bhatpur- Rani, Deoria is a registered society under the Societies Registration Act (herein-after referred to as the society). The society runs several educational institutions including MADAN Mohan Malviyd Post Graduate College, which is affiliated to Gorakhpur University and Mahamana MADAN Mohan Malviya Sanskrit Maha Vidyalaya affiliated to Sampurnanand Sanskrit Vish Vidyalaya, Varanasi. Apart from the above two institutions, there are Intermediate Colleges, High School, Ayurvedic Medical College and Primary School, which are run by the society. The society has its own bye laws, which provides for constitution of committee of management for the society and the various educational institutions run by it.

2. It is admitted to all the parties that election of the committee of management was held on 12-6-1983 in which Sri Keshav Chandra Misra was elected as manager/Secretary. After the death of Sri Keshav Chandra Misra there came into existence two factions in the society, one was led by Sri Bhartendu Misra and the other by Sri Raghuraj Singh. The third faction led by Dr. Jagjit Malviya also came into existence in the societ

























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