JUDGMENT

The petitioners of the present writ petition claim themselves, as to be the elected members of the Committee of Management of the “Prem Vidhyalaya Sabha", Gurukul Narsan, District Haridwar, of which, Mr. Satendra Kumar, the petitioner No. 2, claims himself to be as its Secretary, and Mr. Naresh Kumar, the petitioner No. 3, claims himself to be as its President. Whereas, on the contrary, the respondent No. 6, herein, claims that in fact, it is he, who was elected as a Deputy Secretary of the said Committee of Management i.e. Prem Vidhyalaya Sabha, Gurukul Narsan, District Haridwar, which runs and manages the R.M.P. (P.G.), College, Gurukul Narsan, District Haridwar of which, respondent No. 7 i.e. Daya Chand, at the time when the writ petition was instituted, on the contrary, claimed himself as to be its duly elected President, but later on since he met with the sad demise and a new incumbent namely Mr. Subhash Chand, filed his Impleadment Application, claiming himself as to be the President, on the basis of a Resolution of the Committee of Management of R.M.P. (P.G.) College, Gurukul Narsan, District Haridwar by the order of Sub Divisional Magistrate, Roorkee dated 25.10.2019, which was submitted to have been passed on the following basis:-

**ekñ mPp U;k;ky;] mÙkjk[k.M uSuhrky }kjk ikfjr mijksDr vkns'k ds vuqikyu esa gsñuañcñ xढoky fo'ofo|ky;] Jhuxj xढoky] mÙkjk[k.M ds i= la[;k 234 fnukad 19-10-2019 ds }kjk Jh n;kpUn ds v/;{k okyh dqy 13 O;fDr;ksa dh izcU/k lfefr dks vuqeksfnr fd;k x;k gSA ekñ mPp U;k;ky;] mÙkjk[k.M uSuhrky }kjk vius vkns'k fnukad 16-09-2019 esa fo'ofo|ky; ds fu.kZ; vkus rd izkf/kÑr fu;U=d }kjk dkyst dk lapkyu djus ds funsZ'k fn;s x;s FksA

pwafd fo'ofo|ky; }kjk ,d izcU/k lfefr dks vuqeksfnr dj fn;k x;k gS vr% ekñ mPp U;k;ky;] mÙkjk[k.M uSuhrky }kjk ikfjr vkns'k ,oa gsñuañcñ xढoky fo'ofo|ky; ds i=kad&234 fnukad 19-10-2019 ds Øe essa jktk egsUæ izrki ¼ihñthñ½ dkyst xq:dqy ukjlu dk izcU/ku mDr lfefr dks gLrxr fd;k tkrk gSA Jh n;kpUn] v/;{k] izse fo|ky; lHkk ¼jftñ½] xq:dqy ukjlu ,oa jktk egsUæ izrki ¼ihñthñ½ dkyst] xq:dqy ukjlu dk izcU/ku djuk lqfuf'pr djsaA**

The basis of which was the judgement rendered on 16.09.2019, in writ petition No. 3102 of 2018.

2. The petitioners, who had contended themselves as to be the actually elected members of the Committee of Management, it was on the basis of election, which was said to have been held on 26.06.2018, and hence they have given challenge to the impugned order dated 19.10.2019, as has been passed by respondent No. 4 i.e. the Registrar, Hemwati Nandan Bahuguna Garhwal University, Srinagar, Pauri Garhwal, Uttarakhand, by virtue of which, respondent No. 4, had granted recognition and approval to the so-called elected Committee of Management, which is shown to be represented by respondent Nos. 6 and 7, herein in the writ petition.

3. It is on account and on the basis of the rival claim of Committee of Management, headed by the petitioners herein and the other Committee of Management, which is alleged to have been elected on 26.02.2018, represented by respondent Nos. 6 and 7. The controversy has arisen; as to which is the actual and effectively elected Committee of Management which is in the helm of affairs of the said R.M.P. (P.G.) College was an issue which was left open to be decided by the university, as it was directed by the judgement dated 16.09.2019, rendered in Writ Petition referred above.

4. The brief facts and the controversy, as it emerges from the records, are that a society was got registered under the provisions of the Societies Registration Act; in the year 1939; under the name and style of “Prem Vidhyalaya Sabha, Gurukul Narsan, District Haridwar", and it was accordingly registered with the Registrar of Societies and had its own byelaws for the purposes of management of its internal affairs. In accordance with the said byelaws, as provided therein the elected governing body, which was to regulate the affairs of the society, constituted to be of th