Case: COMMITTEE OF MANAGEMENT Vs. SHAH BASIT JAHID

Dipak Misra, A.M. Khanwilkar and Mohan M. Shantanagoudar, JJ. 1. Leave granted. When this matter was listed on 17th November, 2016, this Court had passed the following order:- In course of hearing, we have apprised that objections to the elections held in pursuance of the order passed by the High Court are pending before the Vice-Chancellor of the University, District Inspector of Schools and Assistant Registrar of Societies, Firms and Chits. The three authorities shall decide the objections and take a decision thereon within a period of ten days hence. The parties shall appear before the said authorities on Monday i.e. 21st November, 2016. 2. In pursuance of the aforesaid order, the objections were filed before the competent authorities. Be it noted, as far as the Azamgarh Muslim Education Society (for short, the Society) is concerned, the objections were filed before the Assistant Registrar of Societies, Firms & Chits, Azamgarh. As far as the Committee of Management of the Shibli National Intermediate College is concerned, the objections were filed before the District Inspector of Schools, Azamgarh. The objections relating to Shibli National Post-Graduate College were filed before the Vice-Chancellor of Veer Bahadur Singh Purvanchal University, Jaunpur. 3. Mr. M.R. Shamshad, learned Standing Counsel for the State of U.P. has produced the reports of the said authorities before this Court. Learned counsel for the respondent has taken us through the said reports. 4. On a perusal of the aforesaid reports, we find that 627 members of the Society have been found validly inducted. No finding has been returned with regard to their status as valid voters to participate in the election. We have been apprised in the course of hearing that the valid voters elect the Committee of Management of the Society, the Post-Graduate College and the Intermediate College. To elaborate, the electoral college for each of the Committee of Management is the same. 5. It is not in dispute that the present Committee of Management was elected on 15th February, 2015. The present Committee is the Managing Committee for the Intermediate College. Learned counsel for the appellant has brought to our notice that after the High Court has set aside the election, no fresh election has been held.

Decision reasoning: 1[ds]4. On a perusal of the aforesaid reports, we find that 627 members of the Society have been found validly inducted. No finding has been returned with regard to their status as valid voters to participate in the election. We have been apprised in the course of hearing that the valid voters elect the Committee of Management of the Society, the Post-Graduate College and the Intermediate College. To elaborate, the electoral college for each of the Committee of Management is the same.5. It is not in dispute that the present Committee of Management was elected on 15th February, 2015. The present Committee is the Managing Committee for the Intermediate College. Learned counsel for the appellant has brought to our notice that after the High Court has set aside the election, no fresh election has been held.