THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.4035 of 2010 ORDER: The 1st petitioner is an educational society and petitioners 2 to 7 are said to be the office bearers of the executive committee of the society. It is stated that previously elections were held on 29.04.2009 and an executive committee was elected. The members of that committee are said to have submitted resignations and that the same have been accepted by the Governing Body of the society on 12.10.2009. On the same day, petitioners 2 to 7 are said to have been elected as members of the executive committee. On 15.10.2009, Sri M.Ramakrishna Mohan Rao, the President elected on 12.10.2009 forwarded the minutes of the Governing Body convened on 12.10.2009 to the 1st respondent. The 1st respondent in turn recorded the same. The 1st petitioner addressed a letter, dated 30.12.2009 to the 1st respondent with a request to produce the copies of letters of resignation submitted by the erstwhile members of the Governing Body. The 1st respondent passed an order dated 28.01.2010 stating inter alia that the letters of resignation were not submitted to him at all and that in view of the said dispute, the recording of the election of the Governing Body said to have taken place on 12.10.2009 is cancelled and he directed that the same be deleted from the records. The petitioners feel aggrieved by the same. Heard the learned counsel for the petitioners and the learned counsel for the respondents. The petitioners contend that on submission of resignation by the members of the Governing Body elected on 29.04.2009, fresh elections were conducted and they were elected as members of the Governing Body. As required under the relevant provisions of law, the minutes of the Governing Body were forwarded to the 1st respondent, who in turn recorded the same. A serious dispute arose as to whether any resignations were submitted by the erstwhile committee members at all. Instead of resolving such dispute before the proper Forum, the 1st petitioner insisted that the 1st respondent must produce the letters of resignation. The latter took the view that such letters were not produced before him at all. Sensing serious uncertainty in the matter, the 1st respondent directed that the recording of the election, which is said to have taken place on 12.10.2009, be deleted. The entire controversy turned around the question as to whether the members who were elected on 29.04.2009 have submitted their resignation at all. To resolve this, this Court passed an order on 21.04.2010 directing that the petitioners and others, who are contesting the matter, shall appear before the District Legal Services Authority, Kadapa on 26.04.2010 together with their supporting material and that the Secretary of the District Legal Services Authority in turn shall submit report to this Court. The secretary has submitted the report through covering letter dated 28.04.2010. After hearing both the parties, as well as the version presented by the District Register, the Secretary, District Legal Services Authority recorded a specific finding to the effect that the submission of resignation by the Members of the erstwhile Governing Body cannot be treated as genuine. This Court does not find any reason to disagree with the said finding. The result would be that the election of the petitioners on 12.10.2009 cannot be treated as valid. Consequently, the committee that was elected on 29.04.2009 shall remain, till the expiry of the term that is stipulated in bye-laws. It is directed that the said committee shall conduct its elections strictly in accordance with the bye-laws. The writ petition is accordingly disposed of. There shall be no order as to costs. __________ 30.04.2010 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.4035 of 2010 Date: 30.04.2010 JSU