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2022 Supreme(All) 1307

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Rajesh Bindal, CJ., J.J. Munir, J.
Sant Lal Yadav - Appellant
Versus
State of U.P. and others - Respondents
Special Appeal No. 470 of 2021 (Arising out of Writ - C No. 25754 of 2021)
Decided On : 24-11-2022

Advocates:
Advocate Appeared:
For the Appellant :Mr. Radha Kant Ojha, Senior Advocate assisted by Mr. Shashank Sharma, Advocate
For the Respondent:Mr. Gajendra Pratap Singh, Senior Advocate assisted by Mr. Jitendra Kumar Srivastava, Advocate and Mr. Ramanand Pandey, Additional Chief Standing Counsel

Headnote:

Uttar Pradesh Intermediate Education Act, 1921 – Societies Registration Act, 1860 – Special Appeal – Special Appeal by writ petitioner is directed against an order of learned Single Judge, dismissing Writ-C – Appeal has been preferred, who claims to be elected Manager of Committee of Management – Held, Since writ petitioner has apparently lost his status as a member of the general body of Society, in terms of a resolution of removal passed by Founder Trustees, which has not been challenged anywhere, his right to question determination of electoral college is decidedly without any right or as learned Single Judge says, without locus standi – All this is about consideration of writ petitioner’s case and it is fallacious to say that there was anything else to be considered by Authorities at instance of writ petitioner, relating to validity of electoral college, once writ petitioner’s membership of Society and a fortiori general body of institution is non-existent – Court therefore, see no reason to interfere with impugned order passed by learned Single Judge – Special Appeal dismissed.

ORDER :

1. This Special Appeal by the writ petitioner is directed against an order of the learned Single Judge dated November 16, 2021, dismissing Writ-C No. 25754 of 2021. This appeal has been preferred by Sant Lal Yadav, who claims to be the elected Manager of the Committee of Management of Sri Yadvesh Inter College, Naupedwa, District Jaunpur.

2. The writ petitioner instituted Writ-C No. 25754 of 2021, challenging the order of the Authorized Controller, Sri Yadvesh Inter College dated March 24, 2021, determining the electoral college for holding elections to the Committee of Management of the said College. He has further challenged the consequential order dated June 22, 2021 passed by the District Inspector of Schools, Jaunpur, attesting the signatures of respondent no.5 as the elected Manager of the Institution pursuant to the elections held in terms of the order dated March 24, 2021 passed by the Authorized Controller. The result of the elections declared by the Authorized Controller on June 14, 2021 has been questioned too.

3. Sri Yadvesh Inter College is a recognized Inter College under the provisions of the Uttar Pradesh Intermediate Education Act, 1921. It is in receipt of Government grant-in-aid. The aforesaid College, which shall hereinafter be referred to as ‘the College’, has been established and managed by a Society, going by the name of Sri Yadvesh Vidya Mandir Society, Naupedwa, a Society registered under the Societies Registration Act, 1860. It appears to be common ground between parties that Murli Dhar Yadav functioned as the elected Manager of the Committee of the Management of the Society as well as the Manager of the Committee of Management of the College between 1974 to 2007. The writ petitioner-appellant, Sant Lal Yadav is a son of Murli Dhar Yadav and claims to be a life member of the Society, entitling him to vote in the elections of the Management of the College and also stake his claim to office on the Committee of Management of the College.

4. It appears that the elections to the Committee of Management of the College, that were held on September 6, 1998, wherein again Murli Dhar Yadav was elected, led to eruption of an election dispute with the rival claim being staked in the year 1999. Thereafter, litigation regarding the validity of elections, held from time to time, has been perennial. It has vacillated between the Authorities and this Court with never a quietus to it. The authority of an undisputed management has not been established after the year 2007. An Authorized Controller is managing the affairs of the College since the year 2007 till date and all elections that have been held by the Authorized Controller, with an elected management returned to office, have been unsettled by rivals challenging it, either before this Court or the Education Authorities. Those elections have been set aside by the Authorities as well as by this Court with repeat directions to the Authorized Controller to determine the electoral college, in accordance with the By-laws of the Society and the scheme of administration of the College. Each determination of the electoral college by the Authorized Controller has led to a fresh challenge by one faction or the other, with a re-determination being directed again, and the elections held set at naught.

5. It would not be of much profit to refer to the long course of litigation with the history of it being etched for every detail of it. It would be apposite to pick-up the thread of the managerial dispute midway in the course of its long and chequered history. It appears that the Authorized Controller vide his order dated June 22, 2013 finalized the list of 35 members and held elections on June 29, 2013. The Regional Level Committee recognized the said elections, wherein respondent no.5, Smt. Malti Devi, was declared elected as the Manager of the Committee of Management. This was questioned by the writ petitioner-appellant through Writ-C No.14099 of 2014 on ground that earlier

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