Committee of Management, Lavkush Vidyalaya, Himmatganj, Allahabad and another vs State of U.P. and others

Rakesh Tiwari, J.—Heard Sri Ashok Khare, learned Senior Counsel by Sri P. C. Singh for the petitioners, Sri Irshad Ali representing respondent No. 4 and the Standing Counsel appearing for respondent Nos. 1 to 3.

Lavkush Vidyalaya Prabandh Karini Samiti, 190, Himmatganj, Allahabad is a registered Society under the Societies Registration Act, 1860 which also manages a school Lavkush Uchchtar Madhyamik Vidyalaya, Himmatganj, Allahabad.

The petitioner has challenged the impugned order dated 24.1.2008 passed by the respondent No. 2 and has also prayed for a writ in the nature of mandamus directing the respondents not to interfere in the peaceful working of petitioner No. 2 Laxman Prasad Kushwaha, who claims himself to be Secretary/Manager of the Committee of Management, Lavkush Vidyalaya Prabandh Karini Samiti aforesaid.

There appears to be a dispute between the petitioners and respondent No. 4 regarding elections of the Samiti. In the elections held on 10.8.1997 the petitioner claims to have been elected as Manager, the Committee of Management and Sri Moti Lal Kushwaha as Chairman whose signatures are also said to have been attested by the DIGS on 11.8.1998. Sri Moti Lal Kushwaha wanted to appoint his relative, therefore, he resigned from the Society on 1.10.2000 which was accepted by the Samiti in his presence and Sri Punnan Lal was elected as new Chairman on 10.10.2001 in his place.

The name of the Society in the meantime was thereafter change to Maha Mahnav Gautam Budh Madhyamik Vidyalaya Samiti and the registration of the Society in that changed name was, therefore, also cancelled by the Assistant Registrar on 11.6.2007 on the basis of some objections, hence the Society was restored to its earlier name Lavkush Vidyalaya Prabandh Karini Samiti. Challenging the order 11.6.2007 passed by the Assistant Registrar, Writ Petition No. 40194 of 2007 was filed which is still pending but no interim order has been granted in that case.

Thereafter, election of the Society is claimed to have been held on 11.11.2002 under Sri Moti Lal Kushwaha as "Adhyaksh" in which petitioner No. 2 is said to have been reelected as Manager and papers regarding election of his Committee of Management were submitted to the Regional Level Committee, Allahabad.

It is stated that since Moti Lal Kushwaha was not able to appoint his relative Uma Kushwaha, therefore, he forged some papers regarding the elections dated 29.8.2003 and in collusion with the respondent No. 4 Nand Kumar Kushwaha, submitted papers before the authorities, on which notices were issued by the Assistant Registrar, Firms, Societies and Chits on 8.1.2004. Some affidavits were also filed by the parties in support of their case.

The Assistant Registrar by his order dated 30.3.2005 accepted the election of respondent No. 4 as Manager of the Committee of Management of the Samiti in place of Laxman Prasad Kushwaha petitioner No. 2. The order dated 30.3.2005 was challenged by the petitioner in Writ Petition No. 36799 of 2005, which was allowed on 6.5.2005 quashing the order and the Assistant Registrar was directed to transmit all relevant records to the Prescribed Authority for deciding the dispute regarding Committee of Management after hearing the parties preferably within two months from the date of reference. It is stated that during the pendency of writ petition, respondent No. 4 succeeded in obtaining an illegal order from the Chairman/ Regional Committee/Joint Director of Education, 4th Region, Allahabad in which a direction had been issued to the DIOS, Allahabad to take action for attestation of signatures of Nand Kumar Kushwaha as Manager of the Institution.

Thereafter, on 30.6.2005 the DIOS, Allahabad is said to have attested the signatures of respondent No. 4 Nand Kumar Kushwaha as Manager of Lavkush Uchchtar Madhyamik Vidyalaya, Himmatganj, Allahabad, hence Writ Petition No. 53672 of 2005 was filed by the petitioner challenging the aforesaid order. The writ petition was allowed by the Court vide order dated 4.8.2005, by which orders dated 4.5.2005 and 30.6.2005 passed by respondent Nos. 2 and 3 i.e. The Chairman, Regional Committee/Joint Director of Education 4th Region, Allahabad and D.I.O.S. Allahabad were quashed with certain observations directing the Regional Level Committee to decide the dispute. Thereafter, the Regional Level Committee headed by the Joint Director of Education has passed the impugned order dated 24.1.2008 recognizing respondent No. 4 as the Manager discarding the petitioner claim.

Sri Ashok Khare, Senior Counsel for the petitioner has drawn the attention of this Court to the observations made by the High Court in Writ Petition No. 53672 of 2005, wherein the Court after noticing certain defects had passed the following order:

"The writ petition is accordingly allowed. The Regional Joint Director of Education, Allahabad shall now place the matter with regard to the two set of elections dated 11th November, 2002 and dated 28th September, 2002 set up by Sri Laxman Prasad Kushwaha and Sri Nand Kumar Kushwaha respectively, before the Regional Level Committee constituted under the Government Order dated 19th December, 2000 within 3 week from the date a certified copy of this order is produced before him. On receipt of the said matter the Regional Level Committee shall decide the legality or otherwise of two set of elections set up by the parties after affording opportunity of hearing to the parties concerned as well as after permitting exchange of documents. The Regional Level Committee shall pass a reasoned speaking order. It is made clear that no personal hearing would be necessary unless specifically ask further unless the Regional Level Committee is of the opinion that, in fact such personal hearing is necessary. Parties may file their written submission.

Till the decision as aforesaid by the Regional Level Committee, there shall be single operation of accounts in the institution."

He has then placed Annexure 19 to the writ petition and has referred the case considered by the authority under the heading "SAMIKSHA" as under:

After considering case of the parties, the authority by its order dated 24.1.2008 has given findings of fact that election of Lavkush Uchchtar Madhyamik Vidyalaya, Himmatganj, Allahabad held by the Committee of Sri Laxman Prasad Kushwaha is not legal as it has not been held by the approved Committee. Per contra election of Committee of Management held by the Committee of Nand Kumar on 28.9.2003 and 24.9.2006 is in accordance with the Scheme of Administration of the approved registered Society Bhakt Kushwaha Panchayati Mahasabha and thereafter directed the DIOS to attest the signatures of the Manager in accordance with law.

Sri Irshad Ali for the respondent has referred to definition of the Society given in the Scheme of Administration of Lavkush Vidyalaya, Himmatganj, Allahabad. According to Clause 2 (VIII) of the aforesaid Scheme of Administration, "Society" means Bhakt Kushwaha Panchayti Sabha, Prayag.

He further submits that admittedly Sri Moti Lal Kushwaha had resigned on 1.10.2000 as appears from Annexure 8 to the writ petition from which he has demonstrated that the meeting could not have been held on 11.11.2002 under the Chairmanship of Sri Moti Lal Kushwaha for the reason he had already resigned. Relevant extract of the proceedings held on 11.11.2002 are as under:

Sri Irshad Ali has also placed reliance upon Annexure 19 to the writ petition where Regional Level Committee has considered the proceedings held by the petitioner which is as under:

On the basis of aforesaid facts, Sri Irshad Ali submits that according to own written statement of the petitioner, Sri Phunnan Lal was the Chairman on 11.11.2002 and not Sri Moti Lal Kushwaha, hence the papers submitted by the petitioner showing the meeting had been held on 11.11.2002 under Sri Moti Lal Kushwaha as Chairman was illegal.

He has also relied upon the document on which Sri Ashok Khare has placed reliance regarding elections held by the Committee of Management of Nand Kumar and Moti Lal Kushwaha in this regard in support of his above contention.

From the above discussion, it appears that the Regional Level Committee/Joint Director of Education has decided the dispute regarding the election pursuant to the directions issued by the Court in Writ Petition No. 53672 of 2005, Committee of Management, Lavkush Vidyalaya, Prabandh Karyakarni Samiti, Allahabad through its Manager/Secretary, Laxman Prasad Kushwana v. State of U.P. and others. Admittedly, Sri Moti Lal kushwaha could not have chaired the meeting on 11.11.2002 having resigned from the Committee of Management of 1.10.2000.

Admittedly also, in this case parties have already played two innings and filing writ petition after writ petition involving factual dispute which cannot be adjudicated. In the circumstances, this Court is not inclined to interfere with the impugned order and thinks that it would be appropriate if the aggrieved party is relegated to the alternative and efficacious remedy of adjudication of facts and validity of election in a suit where matter can best be adjudicated on the basis of oral and documentary evidence adduced by the parties.

The writ petition is, therefore, dismissed on the ground of alternative remedy. Petition dismissed.