# C/M, Shri Shanker Inter College, Mathura & Anr v. State of U.P. & Ors

- **Citation:** (2024) 8 ILRA 1074
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2024-08-23
- **Case number:** Writ - C No. 25324 of 2023
- **Bench:** Salil Kumar Rai
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/c-m-shri-shanker-inter-college-mathura-anr-v-state-of-u-p-ors-52388
- **Pages:** 15

## Headnote

A. Societies Law - Societies Registration
Act, 1860 - Section 4-B, 25(2) - An
Authorized
Controller
not
appointed
u/Clause 7, but otherwise, will not be
empowered to hold the elections and any
elections held by such an Authorized
Controller would be in violation of the
Scheme of Administration.

Clause 7 of the Scheme of Administration
(Scheme) of the Institution provides that
elections for constituting the Committee of
Management (Committee) of the Institution and
to elect its office bearers are to be held one
month before the term of the
existing
Committee expires and in case elections are not
held within the prescribed time the Regional
Joint Director of Education (Regional J.D.), on
the recommendations of the D.I.O.S., may
appoint an Authorized Controller who shall
expeditiously hold the elections to constitute the
Committee and to elect its office bearers. (Para
22)

In the present case, the Authorized Controller
was not appointed u/Clause 7 of the Scheme of
Administration. The appointment was not on the
recommendations of the D.I.O.S. or for the
reason that the elections of the Committee of
Management and its office bearers had not been
held within the time prescribed in the Scheme of
Administration. The appointment of the
Authorized Controller was a consequence
of the interim order dated 07.08.2006
passed by this Court in Writ-C No. 42354
of 2006. The appointment was only an
interim arrangement which came to an
end when Writ-C No. 42354 of 2006 was
dismissed by this Court vide its order
dated 08.05.2012, albeit on the ground
that the petition had become infructuous.
The appointment of an Authorized Controller as
a consequence of an interim order passed by
this Court would not metamorphose into an
appointment u/Clause 7 of the Scheme of
Administration and empower him to hold
elections excluding the elected Committee of
Management merely because the Authorized
Controller continued to function even after Writ-
8 All. C/M, Shri Shanker Inter College, Mathura & Anr. Vs. State of U.P. & Ors.
1075
C No. 42354 of 2006 was dismissed vide order
dated 8.5.2012. (Para 23)

B. The Committee of Management whose
term has expired is not prohibited from
holding elections to constitute a fresh
Committee
of
Management
if
no
Authorized Controller has been appointed
u/clause 7 of the Scheme. (Para 24)

The Authorized Controller functioning in the
Institution was not empowered to hold the
elections, and the elections held by the
petitioners on 02.01.2022 cannot be invalidated
merely on the ground that the term of the
Committee of Management which held the
elections, had expired. (Para 25)

C. The elections of a Committee of
Management of an Institution governed
by Act, 1921 are not held by the Assistant
Registrar u/s 25(2) of the Act, 1860 and
any such elections would be contrary to
the Scheme of Administration and illegal.
The order of the Court cannot be read as
suggestin

## Text

_Characters 0–39,857 of 53,197. This is a partial read: ask again with offset=39857 for what follows._

1074 INDIAN LAW REPORTS ALLAHABAD SERIES
also could not confirm as to whether the
foreign component can be inserted on
pulsar card without breaking the seals.
Therefore, reading the inspection report
dated 05.05.2017 wherein in paragraph 2, it
has clearly been found that the delivery was
found to be correct, coupled with the fact
that in paragraph-5, it has been stated that
seals were broken in presence of the
inspecting team leads to have irrebuttable
conclusion that the seals were intact and
there was no short supply of the fuel and
consequently,
in
the
aforesaid
circumstances, it cannot be concluded that
there was intention to manipulate the
delivery, and hence any violation of Clause
5.4.1. of the MDG Guidelines.

19. In light of the above, this
Court impugned orders of cancellation as
well as the appeal are arbitrary and
accordingly set aside. The writ petition
stands allowed.

20. Consequences to follow.
----------
(2024) 8 ILRA 1074
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 23.08.2024

BEFORE

THE HON'BLE SALIL KUMAR RAI, J.

Writ - C No. 25324 of 2023

C/M, Shri Shanker Inter College, Mathura
& Anr. ...Petitioners
Versus
State of U.P. & Ors. ...Respondents

Counsel for the Petitioners:
Sri Rahul Sahai, Sri Saumitra Anand

Counsel for the Respondents:
C.S.C., Sri Namit Srivastava, Ms. Parul
Srivastava, Sri Prabhakar Awasthi

A. Societies Law - Societies Registration
Act, 1860 - Section 4-B, 25(2) - An
Authorized
Controller
not
appointed
u/Clause 7, but otherwise, will not be
empowered to hold the elections and any
elections held by such an Authorized
Controller would be in violation of the
Scheme of Administration.

Clause 7 of the Scheme of Administration
(Scheme) of the Institution provides that
elections for constituting the Committee of
Management (Committee) of the Institution and
to elect its office bearers are to be held one
month before the term of the
existing
Committee expires and in case elections are not
held within the prescribed time the Regional
Joint Director of Education (Regional J.D.), on
the recommendations of the D.I.O.S., may
appoint an Authorized Controller who shall
expeditiously hold the elections to constitute the
Committee and to elect its office bearers. (Para
22)

In the present case, the Authorized Controller
was not appointed u/Clause 7 of the Scheme of
Administration. The appointment was not on the
recommendations of the D.I.O.S. or for the
reason that the elections of the Committee of
Management and its office bearers had not been
held within the time prescribed in the Scheme of
Administration. The appointment of the
Authorized Controller was a consequence
of the interim order dated 07.08.2006
passed by this Court in Writ-C No. 42354
of 2006. The appointment was only an
interim arrangement which came to an
end when Writ-C No. 42354 of 2006 was
dismissed by this Court vide its order
dated 08.05.2012, albeit on the ground
that the petition had become infructuous.
The appointment of an Authorized Controller as
a consequence of an interim order passed by
this Court would not metamorphose into an
appointment u/Clause 7 of the Scheme of
Administration and empower him to hold
elections excluding the elected Committee of
Management merely because the Authorized
Controller continued to function even after Writ-
8 All. C/M, Shri Shanker Inter College, Mathura & Anr. Vs. State of U.P. & Ors.
1075
C No. 42354 of 2006 was dismissed vide order
dated 8.5.2012. (Para 23)

B. The Committee of Management whose
term has expired is not prohibited from
holding elections to constitute a fresh
Committee
of
Management
if
no
Authorized Controller has been appointed
u/clause 7 of the Scheme. (Para 24)

The Authorized Controller functioning in the
Institution was not empowered to hold the
elections, and the elections held by the
petitioners on 02.01.2022 cannot be invalidated
merely on the ground that the term of the
Committee of Management which held the
elections, had expired. (Para 25)

C. The elections of a Committee of
Management of an Institution governed
by Act, 1921 are not held by the Assistant
Registrar u/s 25(2) of the Act, 1860 and
any such elections would be contrary to
the Scheme of Administration and illegal.
The order of the Court cannot be read as
suggesting an illegality. The order of the
Court has to be interpreted and read as
directing the Assistant Registrar to hold
the elections of the governing body of the
Society and not of the Committee of
Management of the Institution. (Para 26)

D. Section 4-B(3) of the Act, 1860 requires
that the list of members of the general
body
of
the Society
filed
with the
Registrar shall be signed by two office
bearers and two executive members of
the Society.

Section 4-B was incorporated in Act 1860
through
the
Societies
Registration
(Uttar
Pradesh Amendment) Act, 2011. In view of
Section 5(b) of the Uttar Pradesh General
Clauses Act, 1904 the Amendment Act came in
operation on the date it was published in Official
Gazette, i.e., on 09.10.2013. The list of 67
members claimed by petitioner No. 2 to be the
valid list of members of the General Body of the
Society and on which the elections dated
02.01.2022 were held was accepted by the
Deputy D.M. vide his order dated 08.03.2013,
i.e., before Section 4-B came in operation.

In view of Section 4-B(3), the list could have
been filed for registration u/s 4-B after the
elections were held. The elections to elect the
governing body of the Society were held on
19.05.2019 u/s 25(2) of the Act, 1860 and the
list of elected office bearers of the Society,
which included the petitioner No. 2 as Manager,
was registered on 06.01.2022. The list of 67
members of the General Body of the Society as
certified by order dated 08.03.2013 of the
Deputy D.M., could have been submitted before
the concerned Registrar for registration u/s 4-B
of the Act, 1860 after fulfilling the requirement
of Section 4-B(3) and thus after 06.01.2022.

The elections to constitute the Committee of
Management of the Institution and also to elect
its office bearers were held on 02.01.2022.
Further, u/s 4-B (1) and (2) of the Act, 1860
the list of members of the general body of
the Society is to be filed with the Registrar
either at the time of registration of the
Society or at the time of renewal of the
Society or when there is any change in the
list of members on account of induction,
removal,
registration
or
death
of
any
member, the modified list shall be filed with
the Registrar within one month from the
date of change. It is not the case of
respondent No. 5 or the Regional Level
Committee that the situation in the
present case was covered either by
Section 4-B(1) or Section 4-B(2) of the
Act, 1860. Apparently, the elections
cannot be rejected on the ground that
the list of members on which the
elections were held was not registered
u/s 4-B of the Act, 1860. (Para 28)

The list of 67 members of the General Body of
the Society as produced by the petitioner was
accepted by the Deputy D.M. vide his order
dated 08.03.2013. It is also evident from the
letter dated 19.08.2013 that an attested copy of
the list of 67 members of the General Body of
the Society was sent by the Deputy D. M. to the
Deputy Registrar. It was on the basis of the said
list that elections of the governing body of the
Society were held and the said elections were
recognized by the Registrar and the list of
elected office bearers was registered vide order
dated 06.01.2022.
1076 INDIAN LAW REPORTS ALLAHABAD SERIES
E. The Regional Level Committee could not
have rejected the claim of the petitioner
on the ground that the said list was not
available in the office of the Registrar and
had not been supplied to the Regional
Level Committee.

In case the said list is not on record and not at
present either in the office of the Deputy D.M.
or in the office of the Registrar, Firms, Societies
and Chits, the contents of the said list can be
decided only on evidence to be led by the
interested parties in any litigation instituted for
the said purpose before the appropriate court of
fact. The fact that the list was accepted by the
Deputy D.M. vide his order dated 08.03.2013
cannot be denied. (Para 29)

F. While deciding any dispute regarding
elections
of
the
Committee
of
Management,
the
Regional
Level
Committee only, prima facie, decides the
validity of the elections. While exercising
its power u/s 16-A(7), the Regional Level
Committee only enquires as to whether
the parties claiming elections of the
Committee of Management or its office
bearers are not rank trespassers trying to
take over the Committee of Management.
The Regional Level Committee does not
decide the validity of the elections as a
court. The order of the Regional Level
Committee is not final and is subject to
orders passed by a court.

In the present case, the petitioners claim to
have been elected in the elections dated
09.04.2003, which was accepted by the then
education authorities. The General Body of
the
Society
elects
the
Committee
of
Management of the Institution. The elections
of the governing body of the Society by the
same General Body which participated in the
elections
dated
02.01.2022
has
been
acknowledged and recognized by the Deputy
Registrar vide his order dated 06.01.2022.
The writ petition challenging the order dated
06.01.2022 passed by the Deputy Registrar is
still pending and no interim orders have been
passed in the said writ petition. The claim of
the petitioners regarding the elections dated
02.01.2022 was, prima facie, established and
could not have been rejected by the Regional
Level Committee. (Para 30)

The order dated 03.06.2023 passed by the
Regional
Level
Committee
rejecting
the
elections dated 02.01.2022 set up by the
petitioner is contrary to law. The D.I.O.S. is
directed to ensure that petitioner No. 2 as
Manager of the Committee of Management of
the Institution is handed over the charge of
the Institution within 15 from today. (Para 31,
34)

Writ petition allowed. (E-4)

Precedent followed:

1. Navin Kumar Singh Vs D.I.O.S. Budaun &
ors., 1997 (1) AWC-76 (Para 19)

2. Committee of Management, Shri Gandhi Inter
College Vs Deputy Director of Education, 1989
(87) ALJ-214 (Para 19)

3. Committee of Management, Arya Kanya
Inter College, Sikandra Rau, Aligarh Vs
Secretary,
Arya
Kanya
Inter
College,
Sikandra Rau, Aligarh, 1998 (34) ALR 625
(Para 19)

4. Committee of Management Sunehri Lal Bal
Mukund Inter College & ors. Vs Regional Level
Committee & ors., 2009 (8) ADJ 435 (Para
19)

5. Amanullah Khan Vs St. of U.P., 2009 (2) ADJ
298 (Para 19)

6. Bhagwan Kaushik Vs St. of U.P. & ors., 2006
(5) AWC 4997 ALL (Para 19)

7. Committee of Management Vikas Inter
College and others Vs St. of U.P. & ors., 2011
(3) ESC 1859 (All). (Para 20)

Present petition challenges the order
dated 03.06.2023, passed by the Regional
Level Committee and the consequential
order dated 17.06.2023, passed by the
D.I.O.S., Mathura.

(Delivered by Hon'ble Salil Kumar Rai, J.)
8 All. C/M, Shri Shanker Inter College, Mathura & Anr. Vs. State of U.P. & Ors.
1077

1. Shri Saumitra Anand, Advocate,
representing
the
petitioners,
Standing
Counsel representing respondent Nos. 1 to
4 and Shri Prabhakar Awasthi, Advocate,
representing respondent No. 5 were heard
on 13.3.2024 when the judgement in the
case was reserved.

2. Shri Shanker Vidyalaya Shiksha
Samiti, Palso, District-Mathura (hereinafter
referred to as, 'Society') is a Society
registered under the Societies Registration
Act, 1860 (hereinafter referred to as, 'Act,
1860') and runs Shri Shanker Inter College,
Palso, Mathura (hereinafter referred to as,
'Institution'),
which
is
a
recognized
Institution as defined under the Uttar
Pradesh Intermediate Education Act, 1921
(hereinafter referred to as, 'Act, 1921') and
is governed by the Act and Regulations
made thereunder. The Institution is also
within the grant-in-aid list of the State
Government and is also governed by The
Uttar
Pradesh
High
Schools
and
Intermediate Colleges (Payment of Salaries
of Teachers and Other Employees) Act,
1971 (hereinafter referred to as, 'Act,
1971').

3. A joint reading of the bye-laws
of the Society and the Scheme of
Administration of the Institution shows that
the Committee of Management of the
Institution is elected by the members of the
general body of the Society from amongst
themselves. The office bearers of the
Committee
of
Management
of
the
Institution are elected by the elected
members of the Committee of Management
from amongst themselves. The term of the
Committee of Management is five years
and
Clause
7
of
the
Scheme
of
Administration provides that the elections
of the Committee of Management of the
Institution and its office bearers are to be
held one month before the term of the
existing
Committee
of
Management
expires. The Scheme of Administration
further provides that in case the elections of
the Committee of Management and its
office bearers are not held within the time
prescribed, the Regional Joint Director of
Education may, on the recommendations of
the
District
Inspector
of
Schools
(hereinafter referred to as, 'D.I.O.S.'),
appoint an Authorized Controller in the
Institution and the Authorized Controller
shall, as soon as possible, hold the elections
of the Committee of Management. Clause
22 of the Scheme of Administration, under
the
heading
Emergency
Provisions,
empowers
the
State
Government
to
appoint, on the recommendations of either
the Society or the Director of Secondary
Education,
an
Administrator
in
the
Institution and on the appointment of such
Administrator,
the
Committee
of
Management of the Institution shall stand
suspended. Clause 22 further provides that
the
Administrator
can
dissolve
the
Committee
of
Management
of
the
Institution and remove its office bearers.
Clause 22 (7) and (8) provide that the State
Government can any time remove the
Administrator appointed by it or appoint
another Administrator and in case the
Administrator is removed or his term
expires
and
no
successor
to
such
Administrator is appointed, the Committee
of Management shall stand restored.

4. The dispute in the present
petition relates to the elections of the
Committee
of
Management
of
the
Institution and the genesis of the dispute is
in the rival elections set up in 2003.

5. At this stage, it would be relevant
to note that the dispute between the
petitioner No. 2 and respondent No. 5 is
1078 INDIAN LAW REPORTS ALLAHABAD SERIES
also regarding the valid list of members of
the general body of the Society. The
petitioner No. 2 claims that the list of 67
members of the general body submitted by
him before the relevant authority is the
valid list while the respondent No. 5 claims
that the list submitted by him containing
126 members is the valid list of members
of the general body. The different lists
submitted by the parties do not contain the
name of the other party, i.e., the list
submitted by respondent No. 5 does not
contain the name of petitioner No. 2 and
the list submitted by petitioner No. 2 does
not contain the name of respondent No. 5.
In other words, the petitioner denies that
respondent No. 5 is a member of the
general body of the Society and similarly
the respondent No. 5 also denies that
petitioner No. 2 is a member of the general
body of the Society.

6. In 2003 two rival claims were set
up by the petitioner and respondent No. 5
claiming themselves to be the validly
elected Manager of the Committee of
Management of the Institution. Respondent
No. 5 claimed that the elections of the
Committee
of
Management
of
the
Institution and its office bearers were held
on 3.4.2003 in which he was elected as
Manager while petitioner No. 2 claimed
that the elections were held on 9.4.2003 in
which petitioner No. 2 was elected as
Manager. The respondent No. 5 and the
petitioner submitted their claims before the
D.I.O.S. for attestation of their signatures
as Manager. As rival claims were set up,
the dispute was referred to the Regional
Level Committee which, vide its order
dated 26.8.2003, recognized the elections
dated 9.4.2023 set up by petitioner No. 2
and consequently the D.I.O.S. vide his
order
dated
30.8.2023
attested
the
signatures of petitioner No. 2 as the
Manager. The orders dated 26.8.2003 and
30.8.2003 were challenged by respondent
No. 5 through Writ Petition No. 44781 of
2003, which was allowed by this Court
vide its order dated 8.11.2005. By its order
dated 8.11.2005, the Court remanded back
the
matter
to
the
Regional
Level
Committee for a fresh decision on merits
and also directed that till any decision is
taken by the Regional Level Committee,
status quo with regard to the management
of the Institution as existing on the date of
the order shall continue. The Regional
Level Committee reconsidered the matter
and vide its order dated 30.5.2006 again
accepted the claim of the petitioner. The
order dated 30.5.2006 passed by the
Regional Level Committee was again
challenged by the respondent No. 5 through
Writ-C No. 42354 of 2006. In Writ-C No.
42354 of 2006, this Court vide its order
dated 7.8.2006 stayed the operation of the
order dated 30.5.2006 passed by the
Regional Level Committee and further
directed that a person appointed by the
Regional Joint Director of Education, Agra
shall manage the affairs of the Institution.

7. Meanwhile, elections to elect
the governing body of the Society and its
office bearers was also held and the
petitioner No. 2 was elected as the
Secretary/Manager of the governing body
of the Society. The Deputy Registrar,
Firms,
Societies
and
Chits,
DistrictMathura vide his order dated 25.4.2006
registered the list of elected office bearers
of the Society. The order dated 25.4.2006
was challenged by respondent No. 5
through Writ-C No. 24940 of 2006. Writ-C
No. 24940 of 2006 was dismissed by this
Court vide order dated 5.5.2006 on ground
of availability of alternative remedy of
filing a civil suit. Consequently, Original
Suit No. 781 of 2006 was instituted by
8 All. C/M, Shri Shanker Inter College, Mathura & Anr. Vs. State of U.P. & Ors.
1079
respondent No. 5 for a decree declaring the
order dated 25.4.2006 to be null and void
and also for a decree declaring that the list
of 67 members claimed by petitioner No. 2
to be the valid list of members of the
general body of the Society was not a valid
list of members.

8. In 2012, Writ-C No. 21161 of 2012
was filed in this Court seeking a writ of
mandamus commanding the authorities to
hold the elections of the Committee of
Management of the Institution. With the
consent of the counsel for the parties the
petition was disposed of by order dated
8.5.2012. In its order dated 8.5.2012, the
Court directed that the Sub-Divisional
Magistrate of the area where the Institution
was situated shall determine the electoral
college on the parameters of Section 15 of
the Act, 1860 and thereafter in exercise of
authority vested under Section 25(2) of the
Act, 1860 the Assistant Registrar shall hold
the
elections
of
the
Committee
of
Management within next two months and
thereafter the Committee of Management
so elected shall be handed over charge. On
the same date, vide its order dated
8.5.2012, this Court dismissed Writ-C No.
42354 of 2006 as infructuous on the ground
that the tenure of the Committee of
Management of the Institution had come to
an end. Relevant extracts from the order
dated 8.5.2012 passed in Writ-C No. 21161
of 2012 and Writ-C No. 42354 of 2006 are
reproduced below :-

Writ-C No. 21161 of 2012

"Parties to the dispute have
agreed that in order to settle the dispute, no
reliance would be placed on the order of
the Assistant Registrar passed on earlier
occasion, and both the parties to the dispute
have requested that the Sub-Divisional
Magistrate of the area concerned, wherein
the institution in question is situated be
asked to hold the elections of the
Committee of Management. The parties
have
also
agreed
that
writ
petition
No.42354 of 2006 be decided together, by
dismissing the same as having rendered
infructuous, as tenure of the Committee of
Management, dispute of which is involved
therein, has run out, and membership issue
is to be decided afresh without being
influenced by earlier proceedings.

Consequently,
writ
petition
No.42354
of
2006
is
dismissed
as
infructuous by a separate order of the date,
and writ petition 21161 of 2012 is disposed
of with direction that Sub-Divisional
Magistrate of the area concerned where
institution in question is situated, shall
determine the electoral college on the
parameters of Section 15 of the Societies
Registration Act, 1860 and thereafter on the
strength of electoral college so determined
in exercise of authority vested under
Section 25 (2) of the said Act elections of
the Committee of Management shall be
held by the Assistant Registrar, Firms,
Societies and Chits, within next two
months from the date of receipt of a
certified copy of this order, and thereafter
the Committee of Management so elected
shall be handed over charge."

Order date :- 8.5.2012"

Writ-C No. 42354 of 2006

"Present writ petition has been
filed by Jagdish Prasad Jain, claiming
himself Manager of Sri Shankar Inter
College, Palson, Mathura, questioning the
validity of decision dated 30.05.2006,
wherein
Regional
Committee
had
proceeded to accord approval to the
elections dated 09.03.2003 and refused to
accord approval to the elections dated
03.04.2003.
On
presentation
of
writ
petition, an interim order had been passed,
and at present, this is accepted position that
1080 INDIAN LAW REPORTS ALLAHABAD SERIES
tenure
of
the
said
Committee
of
Management has come to an end, rendering
the present writ petition as infructuous.

Consequently,
present
writ
petition is dismissed as infructuous.

Order date :- 8.5.2012".

9. In compliance of the order dated
8.5.2012 passed by this Court in Writ-C
No. 21161 of 2012, the Deputy District
Magistrate passed an order dated 8.3.2013
determining the electoral college of the
Society in which he accepted the list of 67
members submitted by the petitioner and
rejected the list of 126 members submitted
by respondent No. 5. The order dated
8.3.2013 passed by the Deputy District
Magistrate was challenged by respondent
No. 5 through Writ-C No. 23300 of 2013
which was dismissed by this Court vide its
order dated 26.4.2013. In its order dated
26.4.2013 this Court noted that respondent
No. 5 had already instituted Original Suit
No. 781 of 2008 challenging the order
dated 25.4.2006 passed by the concerned
Registrar recognizing the elections of the
petitioner as the Manager of the governing
body of the Society and, therefore, the
respondent had the remedy to also
challenge
in
the
pending
suit
the
determination of the electoral college by
the
Deputy
District
Magistrate.
The
relevant
extract
of
the
order
dated
26.4.2013 passed by this Court dismissing
Writ-C No. 23300 of 2013 is reproduced
below :-

"From paragraphs 15 and 16 of
the present writ petition it is apparently
clear that the petitioner has already filed
Civil Suit No. 781 of 2008 in terms of the
order passed by the High Court dated
05.05.2006 in Writ Petition No. 24940 of
2006, wherein the issue of membership
and right of Devendra Singh to be a
member
of
the
society
are
under
consideration.

Under the order impugned the
Prescribed Authority has determined the
electoral college for the purposes of
holding the elections of the society as well
as of the Committee of Management of the
institution. Petitioners are not satisfied.

In my opinion the petitioners are
at liberty to seek such further relief in the
pending suit against the determination of
the electoral college, as may be necessary.

It goes without saying that the
order
passed
under
the
Societies
Registration Act be it by the Assistant
Registrar or the Prescribed Authority, are
always subject to the orders to be passed
in the civil suit. If the petitioner makes
appropriate
application
it
shall
be
considered at the earliest possible by the
Civil Court.
 Writ petition is dismissed with
the observations made."

10. Consequently, the respondent
No. 5 amended his plaint instituting
Original Suit No. 781 of 2008 seeking
further relief to declare that the order
dated 8.3.2013 passed by the Deputy
District Magistrate, Mathura was null and
void and further the list of 67 members
submitted by petitioner No. 2 and accepted
by the Deputy District Magistrate in his
order dated 8.3.2013 was not a valid list of
the members of the general body of the
Society. It has been stated in the writ
petition, and the said fact has not been
denied in the counter affidavit, that
Original Suit No. 781 of 2008 was
dismissed by the trial court for want of
prosecution vide order dated 7.9.2021 and
no restoration application has been filed
for recalling the order dated 7.9.2021 and
for restoring the suit to its original
number.
8 All. C/M, Shri Shanker Inter College, Mathura & Anr. Vs. State of U.P. & Ors.
1081

11. In the meantime, as a consequence
of the order dated 8.3.2013 passed by the
Deputy District Magistrate, proceedings to
elect the governing body of the Society
were started. A letter dated 19.8.2013 was
sent by the Deputy District Magistrate,
Mathura to Deputy Registrar, Firms,
Societies and Chits, Agra annexing the
attested photo copy of the list of members.
On the receipt of the said list the Deputy
Registrar passed an order dated 28.1.2019
for holding the elections under Section
25(2) of the Act, 1860. The order dated
28.1.2019
was
again
challenged
by
respondent No. 5 in this Court through
Writ-C No. 14869 of 2019 in which this
Court vide its order dated 29.4.2019 has
sought information as to whether any list of
members finalized under Section 4-B of the
Act, 1860 was available with the Registrar
of the Societies. Writ-C No. 14869 of 2019
is still pending before this Court.

12. It has been stated in the writ
petition that the elections to elect the
governing body of the Society and its office
bearers were held under Section 25(2) of
the Act, 1860 on 19.5.2019 in which the
petitioner
No.
2
was
elected
as
Manager/Secretary of the governing body
of the Society. The list of elected office
bearers of the Society submitted by
petitioner No. 2 as a consequence of the
elections held on 19.5.2019 has been
registered by the Deputy Registrar, Firms,
Societies and Chits, District-Agra vide his
order dated 6.1.2022 and a certificate dated
25.11.2021 has been issued at the instance
of
petitioner
No.
2
renewing
the
registration of the Society for a period of
five years w.e.f. 13.7.2020. It has been
stated in the writ petition that the order
dated 6.1.2022 passed by the Deputy
Registrar has been challenged in this Court
through Writ-C No. 14288 of 2022 by an
individual claiming himself to be a life
member of the governing body of the
Society and the said writ petition is pending
in this Court, but no interim order has been
passed in the same.

13. In the meantime, elections to
constitute the Committee of Management
of the Institution and also to elect its office
bearers were also held by petitioner No. 2
on 2.1.2022 in which the petitioner No. 2
was elected as manager. The necessary
documents
regarding
elections
were
submitted by petitioner No. 2 before the
D.I.O.S, Mathura for getting his signatures
attested as Manager. The D.I.O.S. vide his
order
dated
28.2.2022
attested
the
signatures of the petitioner as Manager of
the Committee of Management subject to
final decision in Writ-C No. 14869 of 2019.

14. Aggrieved by the order dated
28.2.2022 passed by the D.I.O.S., Mathura,
the respondent No. 5 filed a representation
dated 27.4.2022 before the Regional Level
Committee pleading that the elections held
on 2.1.2022 as claimed by petitioner No. 2
were contrary to the orders dated 8.5.2012
passed in Writ-C No. 21161 of 2012 and in
Writ-C No. 42354 of 2006 and the
elections of the Committee of Management
of the Institution could have been held only
by the Authorized Controller who was
appointed as a consequence of the interim
order dated 7.8.2006 passed by this Court
in Writ-C No. 42354 of 2006 and was
managing the affairs of the Institution even
after dismissal of the writ petition by this
Court vide its order dated 8.5.2012. The
representation filed by respondent No. 5
was not decided by the Regional Level
Committee, therefore, the respondent No. 5
filed
Writ-C
No.
30199
of
2022
complaining against the delay by the
Regional Level Committee in deciding his
1082 INDIAN LAW REPORTS ALLAHABAD SERIES
representation and this Court vide its order
dated 31.10.2022 directed the Regional
Level Committee, Agra Region, DistrictAgra to pass appropriate orders on the
representation of respondent No. 5. It was
clarified in the order dated 31.10.2022 that
this Court had not expressed any opinion
either regarding the jurisdiction of the
Regional Level Committee to entertain the
representation of the petitioner or regarding
the merits of the claim made by the
petitioner which had to be decided by the
Regional Level Committee.

15. The Regional Level Committee by
its order dated 3.6.2023 decided the
representation of respondent No. 5 and set
aside the order dated 28.2.2022 passed by
the D.I.O.S. whereby the D.I.O.S had
attested the signatures of petitioner No. 2.
In its order dated 3.6.2023, the Regional
Level Committee has derecognized the
elections dated 2.1.2022 and has also
rejected the claim of the petitioner on the
basis of the aforesaid elections. In its order
dated
3.6.2023,
the
Regional
Level
Committee has rejected the elections dated
2.1.2022 on the ground that the elections
were contrary to law because they were
held by a Committee of Management
whose term had expired, and an Authorized
Controller had been appointed and was
functioning in the Institution and, also
because the elections were not held in
accordance with the order dated 8.5.2012
passed by this Court in Writ Petition No.
21161 of 2012. The Regional Level
Committee has reasoned that in accordance
with the order dated 8.5.2012, the elections
were to be held by the Assistant Registrar.
In its order dated 3.6.2013, the Regional
Level Committee has also taken note of
different correspondences by the Assistant
Registrar which indicate that no list of
members of the society has been registered
under Section 4-B of the Act, 1860 and that
no list of 67 members of the Society was
appended to the order dated 8.3.2023
passed by the Sub-Divisional Magistrate.

16.

Consequential
order
dated
17.6.2023 has been passed by the D.I.O.S.,
Mathura directing that the Authorized
Controller previously appointed in the
Institution shall manage the affairs of the
Institution.

17. The order dated 3.6.2023 passed
by the Regional Level Committee and the
consequential order dated 17.6.2023 passed
by the D.I.O.S., Mathura have been
challenged in the present writ petition.

18. A counter affidavit has been filed
by respondent No. 5 to support his
contention that the list of 67 members of
the Society claimed by petitioner No. 2 to
be the valid list was a not a valid list of
members and the election held on the basis
of the aforesaid list was not a valid
election. In his counter affidavit, the
respondent no. 5 has annexed different
documents
showing
correspondences
between State officers, especially between
the Deputy Registrar, Firms, Societies and
Chits, District-Agra and the Regional Joint
Director of Education, Agra Region,
District-Agra, and also a letter to the
respondent by the Deputy Registrar which
reveal that the original copy of the list of 67
members claimed by petitioner No. 2 and
declared as valid list by the Deputy District
Magistrate in his order dated 8.3.2013 was
not available in the office of the Deputy
Registrar and no such list had been
registered under Section 4-B of the Act,
1860. The letter states that no certified
copy of list of members of the general body
of the Society was supplied to the office of
the Deputy Registrar alongwith the order
8 All. C/M, Shri Shanker Inter College, Mathura & Anr. Vs. State of U.P. & Ors.
1083
dated 8.3.2013 passed by the Deputy
District Magistrate. On the basis of the
aforesaid correspondences it has been
pleaded in the counter affidavit that the
claim of the petitioner regarding the
elections dated 2.1.2022 was false and the
elections allegedly electing the petitioner as
Manager of the Committee of Management
of the Institution were not held on the list
of members certified or accepted by the
Deputy District Magistrate in his order
dated 8.3.2013.

19. Challenging the order dated
3.6.2023 passed by the Regional Level
Committee and the consequential order
dated 17.6.2023 passed by the D.I.O.S.,
Mathura, the counsel for the petitioner has
argued that the elections of the Committee
of Management of the Institution and its
office bearers can not be challenged by a
sole member therefore the representation of
respondent No. 5 was not maintainable. It
was argued that for the aforesaid reason the
order dated 3.6.2023 passed by the
Regional Level Committee is without
jurisdiction. It was further argued that the
appointment of Authorized Controller came
to an end after the order dated 8.5.2012
passed by the Court dismissing Writ-C No.
42354 of 2006 and consequently the
Committee
of
Management
of
the
Institution elected in 2003 and recognized
by order dated 30.5.2006 stood revived and
the said Committee was empowered to hold
and
conduct
the
elections
and
the
Authorized Controller could not have held
the elections. It was argued that the
Regional Level Committee has erred in
rejecting the elections on the ground that
they were held by a Committee of
Management whose term had expired. It
was argued that challenge by respondent
No. 5 to the order dated 8.3.2013 passed by
the Deputy District Magistrate had been
rejected by this Court and Original Suit No.
781 of 2008 challenging the order dated
8.3.2013 has also been dismissed for nonprosecution. It was argued that the order
dated 8.3.2013 passed by the Deputy
District Magistrate has not been stayed by
any court and, therefore, the elections on
the basis of the list accepted by the Deputy
District Magistrate can not be set aside or
rejected. It was argued that the list of
members of the general body of the Society
accepted by the Deputy District Magistrate
vide his order dated 8.3.2013 was not
required to be registered under Section 4-B
of the Act, 1860 and could not have been
so registered as on the relevant date Section
4-B was not incorporated in the Act, 1860.
It was argued that in its order dated
3.6.2023, the Regional Level Committee
has misread the order dated 8.5.2012
passed in Writ Petition No. 21161 of 2012
while concluding that the elections set up
by the petitioner was not held in
accordance with the aforesaid order. It was
argued that for the aforesaid reasons, the
order dated 3.6.2023 passed by the
Regional Level Committee rejecting the
elections dated 2.1.2022 on the ground that
the term of the Committee of Management
of the Institution which held the elections
had expired and elections were not held in
accordance with the order dated 8.5.2012
passed in Writ-C No. 21161 of 2012 is
contrary to law. It was argued that the order
dated 3.6.2003 passed by the Regional
Level Committee and the consequential
order dated 17.6.2023 passed by the
D.I.O.S., Mathura are liable to be quashed.
In support of his contention, the counsel for
the petitioner has relied upon the following
judgements of this Court :-

(A) Navin Kumar Singh Vs.
D.I.O.S Budaun and Others 1997(1)
AWC-76,
1084 INDIAN LAW REPORTS ALLAHABAD SERIES
 (B) Committee of Management,
Shri Gandhi Inter College Vs. Deputy
Director of Education, 1989 (87) ALJ214,

(C) Committee of Management,
Arya Kanya Inter College, Sikandra
Rau, Aligarh Vs. Secretary, Arya Kanya
Inter College, Sikandra Rau, Aligarh,
1998 (34) ALR 625,

(D) Committee of Management
Sunehri Lal Bal Mukund Inter College
and
Others
Vs.
Regional
Level
Committee and Others, 2009 (8) ADJ
435,

(E) Amanullah Khan Vs. State
of U.P. and Others

2009(2) ADJ 298; and

(F) Bhagwan Kaushik Vs. State
of U.P. and Others

2006 (5) AWC 4997 ALL

20. Rebutting the argument of the
counsel for the petitioner, the counsel for
respondent No. 5 has supported the order
dated 3.6.2023 passed by the Regional
Level Committee and the reasons given in
the same. It was argued that no list of valid
members of the general body of the Society
has been registered by the concerned
Registrar under Section 4-B of the Act,
1860 and, therefore, the elections held on
2.1.2022 were illegal and have been rightly
rejected by the Regional Level Committee.
It was argued that an Authorized Controller
was appointed in the Institution and was
functioning as such on 2.1.2022 on which
date there was no elected Committee of
Management functioning or managing the
affairs of the Institution. It was argued that,
in accordance with Clause 7 of the Scheme
of the Administration, the elections of the
Committee of Management and its office
bearers had to be held by the Authorized
Controller. It was argued that the elections
dated 2.1.2022 claimed by the petitioners
were not held in accordance with the order
dated 8.5.2012 passed by this Court in
Writ-C No. 42354 of 2006 and for the
aforesaid reasons, the order dated 3.6.2023,
rejecting the elections set up by the
petitioner, was according to law. It was
further argued that the term of the
Committee
of
Management
allegedly
elected on 9.4.2003 and initially recognized
by the Regional Level Committee on
26.8.2003 had
obviously
expired
by
2.1.2022 and, therefore, by virtue of Clause
7 of the Scheme of Administration the said
Committee
of
Management
was
not
authorized to hold the elections and the
elections had to be held by the Authorized
Controller. It was argued that for the
aforesaid reasons, there is no illegality in
the order dated 3.6.2023 and the petition
lacks merit and is liable to be dismissed. In
support of his contention the counsel for
the respondent has relied on the judgement
of this Court delivered in Committee of
Management,
Gramin
Vikas
Inter
College and Others Vs. State of U.P. and
Others, 2011 (3) ESC 1859 (All).

21. I have considered the submissions
of the counsel for the parties.

22. Clause 7 of the Scheme of
Administration of the Institution provides
that
elections
for
constituting
the
Committee
of
Management
of
the
Institution and to elect its office bearers are
to be held one month before the term of the
existing Committee of Management expires
and in case elections are not held within the
prescribed time the Regional Joint Director
of Education, on the recommendations of
the D.I.O.S., may appoint an Authorized
Controller who shall expeditiously hold the
elections to constitute the Committee of
Management and to elect its office bearers.
Clause 7 of the Scheme of Administration
8 All. C/M, Shri Shanker Inter College, Mathura & Anr. Vs. State of U.P. & Ors.
1085
only enables the Regional Joint Director of
Education
to
appoint,
on
the
recommendations of the D.I.O.S., an
Authorized Controller in the Institution. It
is not obligatory for the D.I.O.S. to
recommend to the Joint Director for
appointment of an Authorized Controller
and it is also not obligatory for the Joint
Director
to
appoint
an
Authorized
Controller if such a recommendation is
made by the D.I.O.S. However, if an
Authorized Controller is appointed under
Clause 7 of the Scheme of Administration,
it is only he who would have the power to
hold the elections of the Committee of
Management of the Institution and its
office bearers.