JUDGMENT :

1. These three writ petitions were heard at length on 24.08.2023 and since no time was left to dictate the judgment, the matters were placed today for summing up of the arguments of both the sides and also for dictation of the judgment. Today also the matters have been heard for about two hours.

The Challenge

2. Writ C No. 15412 of 2023 has been filed by the Committee of Management Intermediate College, Babusarai, District Bhadohi challenging the order dated 16.12.2022 whereby the Assistant Registrar, Firms, Societies and Chits, Varanasi has declared 29 members of the General Body as valid under section 4-B of the Societies Registration Act, 1860. The same order has been assailed by certain members by filing Writ C No. 11662 of 2023. The third writ petition No. 21573 of 2023 has been filed by the Committee of Management, which has been elected pursuant to the elections held on 01.06.2023 and the first order under challenge is dated 02.06.2023, whereby the Joint Director of Education, Bhadohi has summoned the record of the District Inspector of Schools, Bhadohi on the ground that two rival sets of elections have been asserted by the parties and, therefore, as per section 16 A (7) of the U.P. Intermediate Education Act, 1921, the District Inspector of Schools should send the entire record of rival elections with specific report so that the matter may be decided as per Government Order dated 19.12.2000. Another order under challenge is dated 02.06.2023, whereby the District Inspector of Schools, Bhadohi has referred the matter to Regional Level Committee, in furtherance of order dated 02.06.2023 passed by the Joint Director of Education.

Case and Contention of Petitioners of Writ C Nos. 15412 of 2023 & 11662 of 2023

3. The submissions of Shri Ajay Kumar Singh, learned counsel appearing for the petitioners in Writ C No. 15412 of 2023 and Shri Prabhakar Awasthi, learned counsel appearing for petitioners in Writ C No. 11662 of 2023 are almost common and it has vehemently been argued by both of them that the Society was established in 1967 and in the Institution, which is run by the Society, one Daya Prasad Baranwal remained elected Manager from 1973 till 1992 and, after his death, his son, namely, Anil Kumar Baranwal became Manager in 1992 and he remained as such till 2014.

4. The case of the petitioners is that one Shri Ram Rekha Shastri, who happened to be Principal of the Institution, was going to retire on 30.06.2014 and, just before his retirement, he manipulated certain things and submitted a list of 29 members before the Assistant Registrar for the purposes of its registration. The said list, according to the petitioners, is fabricated and also the letter dated 25.03.2014 along with which it was submitted. It has been vehemently argued that on the letter dated 25.03.2014, signatures of Anil Kumar Baranwal were fabricated and even his forged affidavit dated 29.05.2014 was submitted before the Assistant Registrar, which matter was complained of by the petitioners before the Joint Director of Education with supporting material and also before the Assistant Registrar and though the Joint Director of Education called upon Ram Rekha Shastri to answer the issues raised, the said matter is still pending and has not been settled. It is further contended that the petitioners’ Committee enrolled certain members in the month of June, 2014, exact number being 74 at some placed and 79 at some other places.

5. From perusal of the record, I find that on numerous occasions, the dispute regarding valid membership has engaged attention of this Court. At one stage, the District Inspector of Schools granted permission to Yogesh Chandra Mishra to hold elections but later on, by order dated 18.06.2014, the said order was recalled by the District Inspector of Schools. Consequently, Writ C No. 33694 of 2014 (Yogesh Chandra Mishra and 9 others vs State of U.P. and 3 others) was filed, which was disposed of by order dated 04.07.2014 directing