Hon’ble Ashwani Kumar Mishra, J.—A short but interesting question arises for consideration of this Court in leading writ petition No. 58845 of 2014, as to whether the right to hold fresh elections, by the outgoing committee, would be available to it, only if it has been recognized by educational authorities ?

2. The question aforesaid has been posed in the context of a factual scenario, where the recognized outgoing committee proceeded to hold its election, but the Regional Level Committee has not passed any order of recognition in its favour, even though the educational authorities continued to treat it as the committee of management, and fresh elections have now fallen due. Petitioner contends that fresh elections cannot be got conducted by the outgoing committee, as no order of recognition was passed in its favour, and therefore, an Authorized Controller be appointed to hold fresh elections.

3. The dispute of the committee of management, in the instant case, has a checkered history. A brief overview of the controversy, and adjudication already made, needs to be taken note of in order to appreciate the Issue. Janta Junior High School Anapur, Dashrathpur, Jaunpur, is a society, registered on 16.9.1964 under the Societies Registration Act, 1860, having its bye-laws, which runs a higher secondary school, known as ‘Dwarika Prasad Inter College, Dashrathpur, Jaunpur’, which is aided and recognized. The committee of management and the general body of the society and institution is one. Last admitted elections of the committee of management of the institution were held on 8.8.1993, wherein Mata Prasad Mishra was elected as President and Devtadeen Pandey was elected as Manager. The term of this committee was uptill 7.9.1996. The outgoing Manager, Devtadeen Pandey, claimed re-election on 1.9.1996, whereas a parallel claim was set up by Sabhajeet Pandey of election dated 31.8.1996. Both factions sought recognition. The dispute was referred to Joint Director of Education on 15.10.1996, under Section 16-A (7) of the U.P. Intermediate Education Act, 1921 (hereinafter referred to as the ‘Act’). The Joint Director of Education, by his order dated 15.7.1997, disapproved both the elections, and appointed District Inspector of Schools to act as the Authorized Controller, with a direction upon him to have fresh elections conducted upon a list of 121 members, which was annexed with the order itself. The Assistant Registrar Firms Societies & Chits, on the other hand, passed an order dated 19.1.1998, for registration of list of office bearers, with Sabhajeet Pandey as the Manager.

4. The order of the Joint Director of Education, dated 15.7.1997, was assailed by filing Writ Petition No. 24998 of 1997, whereas the order of Assistant Registrar, dated 19.1.1998, came to be challenged by filing Writ Petition No. 4267 of 1998. Both the writ petitions were finally decided vide judgment and order dated 1.9.1998. This Court, in the context of challenge made to the order of Joint Director of Education dated 15.7.1997, observed as under :

“In the light of the above facts, it was not only in the interest of the institution and its students but also quite apt in the circumstances that an order for appointment of a Prabandh Sanchalak, who could hold the elections, was passed and, therefore, Civil Misc. Writ Petition No. 24998 of 1997 fails.”

So far as the order of the Assistant Registrar was concerned, this Court rejected the contention that dispute was required to be referred to the prescribed authority, and that Assistant Registrar had no jurisdiction to direct registration of list of office bearers and obtain renewal of registration for the society. It was further observed that the petitioner, Devtadeen Pandey, if felt aggrieved by the order of the Assistant Registrar, had the remedy to approach the prescribed authority, under Section 25(1) of the Act, with the support of 1/4th members. A further direction was issued that the Authorized Controller,