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Judgment
Rakesh Tiwari, J.—Heard Sri O.P. Shukla, learned Counsel for the petitioner in writ petition No. 653 of 2007 and Sri R.M. Saggi, learned Counsel for the petitioner in writ petition No. 14427 and learned Counsel for the respondents.
It is stated that the Shankerashram Maha Vidyapeeth Inter College, Sikhar, District Mirzapur is a registered society under the Societies Registration Act, which is recognised and aided college. The election of the Committee of Management was held on 30.7.2003, in which Sri Saryu Dhar Shukla was elected as President, Sri Sheetkanth Mishra as Vice President, Sri Shreenath Chatuvedi as Manager and Sri Saroj Kumar Shukla as member.
Thereafter President Sri Saryu Dhar Shukla expired and Sri Sheetkanth Mishra, Vice President elected as President and Sri Saroj Kumar Shukla as the Vice President.
An advertisement was published in the news paper ''Danik Jagran'' inviting applications for enrolment as the member of the General Body. Thereafter total number of 454 applications received out of which 400 applicants deposited Rs. 101 as life member, while 54 persons deposited an amount of Rs. 2001/- The Committee of Management has rejected 400 applications while 54 persons, who had deposited Rs. 2001/- each had been issued receipt No. 001 to 054 enrolled as the members of the General Body. Representations filed by several members of the General Body before the President and the manager for referring the 400 applications for consideration of the General Body on 22.5.2006.
It is stated that order was passed by Sheetkanth Mishra authorising Saroj Kumar Shukla to discharge all functions of the President on account of his old age. More than 1/3rd members of the General Body filed a requisition before the President for convening a requisition meeting of the General Body. Elections schedule published under which 30.7.2006 notified as the date for filing nomination papers and 6.8.2006 as the date of polling.
It is submitted that requisition meeting of the General body was held in which 400 applications for life membership were accepted and who were accorded membership. As a consequence thereof members of the General Body stood increased to 635. On 30.7.2006 majority of the members of the General body at the college for the purposes of nomination. However, the vast majority of them excluded by Pushparaj Tripathi hence the members of the General body appointed one Paramhans Singh as the Election Officer. Consequently elections proceedings are said to have been conducted in which a Committee of Management with Lal Chand Tripathi and Saroj Kumar Shukla as the President were elected. On the same date Sri Pushparaj Singh submitted a list of 21 persons showing elections of the office bearers.
All the elections papers pertaining to the Committee of Management headed by Saroj Kumar Shukla were submitted before the District Inspector of Schools, Mirzazpur on 1.8.2006 and Sri Shreenath Chaturvedi submitted papers on 3.8.2006 showing uncontested elections of Committee of Management in which Sri Daya Shankar Mishra and Sri Shreenath Chaturvedi were elected as the President and the manager respectively.
The District Inspector of School, Mirzapur forwarded all papers to the Regional Level Committee for its consideration and decision. The Joint Director of Education, Vindhachal Region, Mirzapur accorded recognition to the Committee of Management headed by Sri Shreenath Chaturvedi as the validity elected Committee of Management and disapproved the rival committee of Management.
Being aggrieved by the aforesaid order the petitioner has come up before this Court.
The contention of Sri O.P. Shukla, learned Counsel for the petitioner is that members have been made in an irregular manner as excess fees has been charged. He submits that bye-laws provides that life member made on payment of Rs. 101/- but the respondents have taken Rs. 2001 for making life members, hence the authority has committed an illegality in holding such persons as life members from whom excess fee for membership has been charged.
The further contention of learned Counsel for the petitioner is that dispute regarding membership has not been referred to the General body as provided in the amended scheme of administration. He submits that those persons, who have deposited Rs. 101/- have not been allowed to participate in the election which is illegal.
The contention of Sri R.M. Saggi, learned Counsel for the petitioner in connected writ petition is that the petitioners are life member and objection has not been considered by the Joint Director of Education.
Admittedly the elections have been held on 30th July, 2006 and the impugned order has been dealt with by the Joint Director of Education, who is Head of the Regional Level Committee and competent authority u/s 16-A of the U.P. Intermediate Act, 1921 for approving the elections, who has held that the elections of the respondents is in accordance with law and is valid.
The petitioner No. 2 is an individual member of the Committee of Management. The petitioner No. 1 is said to have been elected in the election conducted by him.
It is settled law that an individual member or life member cannot challenge the election of the Committee of Management until some personal right of his are effected. If a member has paid more fee what was required for valid membership, it would not invalidate his membership. The effect of less payment of membership fee would be otherwise. Even otherwise the membership fee payable to become a member under the bye-laws is disputed. The petitioner in the circumstances file a suit and can challenge election also before the civil court. Thus writ petition of the petitioner cannot be decided in writ jurisdiction as question posed are factual question requiring finding of facts on the basis of oral and documentary evidence which may be adduced by the parties in civil court.
Therefore, the Court does not incline to interfere in the matter.
Both the writ petitions are accordingly dismissed.