A DIVISION bench of the high court here on Thursday directed the Registrar Societies to reschedule the election of an educational society called Mahila Vidyalaya Samiti in accordance with the law preferably within three months.
The bench comprising Justices DP Singh and SN Shukla passed the above orders while allowing three special appeals filed against the order of the single judge dated October 7, 2005 in pursuance to which earlier election of the said society were held, which too was quashed accordingly.
The order of the single judge was quashed on the ground that it was passed on a writ petition which was itself not maintainable having been filed by a person who had no right or authority to file the same on behalf of the society.
The bench further gave the finding that while framing rules and byelaws of the society it should be clearly mentioned as to who would be entitled to file suit or legal proceedings on behalf of the society in a court of law.
In the absence of such a provision in the rules or the byelaws of the society no person or office-bearer shall be entitled to represent the society in any suit or legal proceedings unless he or she has been duly authorised by a special resolution of the general or executive body of the society, the bench observed.
The order of the single judge was also challenged on the ground that it was passed by a judge who happened to be a member of the division bench, which had earlier remanded the case for decision afresh.
The appellate bench while holding that the order in question could not be said to be legally or technically wrong, however, observed that in the event of such an objection having been raised by the other side the single judge ought to have taken steps for transferring the case to some other court to repose the faith of the people in the legal system.
Plea against demolition
A WRIT petition filed by one Ramdev and 118 other residents of Sikander Nagar phase-I, Tilak Road Lucknow against proposed demolition of their houses came up for hearing before a division bench of the high court here on Thursday.