JUDGMENT HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Present writ petition is filed by Committee of Management of Nawab Singh Chauhan Gramodaya Inter College, Aligarh through its Manager (Smt. Niharika Chauhan) whereas respondent-4 (Ravindra Singh Chauhan) has also claimed that he was the elected Manager of said Committee of Management. 2. Present case is arising out of a direction passed by this Court in Writ C No. 42499/2023 decided along with Writ C No. 12426/2022 filed by petitioners herein vide a judgment dated 16.07.2024 wherein following observations and directions were passed :- “The outcome of the aforesaid discussion is that elections to a Committee of Management of an institution and its office- bearers are to be held in accordance with the Scheme of Administration. Any transgression from the scheme prescribed in the Scheme of Administration would invalidate the elections and any elections held according to the provisions of the Scheme of Administration cannot be rejected by the DIOS or the Regional Level Committee on the ground that the elections were not in accordance with the Government Order dated 21.11.2008. Under Section 16-A(7) of the Act, 1921, the educational authorities “the District Inspector of Schools, the Regional Level Committee, the Joint Director or any other authority” can only look into the question as to whether the elections set up by the concerned party was in accordance with the Scheme of Administration. The educational authorities while deciding any dispute regarding rival claims set up by the parties under Section 16- A(7) cannot go beyond the provisions of the Scheme of Administration. Resultantly, where the Scheme of Administration of the institution stipulates a general body of the institution separate and different from the general body of the parent society, i.e., the society which runs the institution, and the general body of the society is not the electoral College for electing the Committee of Management and the office bearers of the institution, the elections cannot be invalidated on the ground that the elections were held on a list which was not registered under Section 4-B of the Act, 1860. In the present case, the Scheme of Administration of the College was approved by the Regional Joint Director of Education, Agra. In the present case, the Scheme of Administration of the College was approved by the Regional Joint Director of Education, Agra. It is not the case of the respondents that any action was taken or any notice was issued to the College by the Director under Section 16-B or Section 16-CCC to include in the Scheme of Administration of the College the provisions of the Government Order dated 21.11.2008. The provisions stipulated in the Government Order dated 21.11.2008 were not incorporated in the Scheme of Administration of the College. There is nothing on record in the present case to show that any proposal was made by the Director or any other authority asking the College to amend its Scheme of Administration in accordance with the provisions stipulated in the Government Order dated 21.11.2008. The Scheme of Administration of the College provides for a general body of the College separate and different from the general body of the Society. There is no provision either in the Scheme of Administration of the College or in the bye-laws of the Society providing that members of the general body of the Society shall automatically also be members of the general body of the College or that the general body of the Society shall also be the general body of the College. The Scheme of Administration of the College provides that any person desirous of being member of the general body of the College shall deposit the requisite fees, either by cheque or bank draft issued in the name of the College, along with an application recommended by any member of the general body of the College and submit the application before the Treasurer of the College. The application shall be placed before the Manager who shall in turn place the same before the Committee of Management and in case, the Committee of Management refuses to enroll the said person as member of the College, the matter shall be placed before the general body of the College. Clause - 5 of the Scheme of Administration provides that if the general body of the College agrees to admit the applicant as member, the applicant shall be admitted as member with effect from the date the cheque or the bank draft was submitted by him . Clause - 5 of the Scheme of Administration provides that if the general body of the College agrees to admit the applicant as member, the applicant shall be admitted as member with effect from the date the cheque or the bank draft was submitted by him . A reading of Clause - 5 of the Scheme of Administration shows that it is the general body of the College which has the authority to decide on the admission of any applicant as a member of the general body of the College and the society “its general body or its governing body” has no role in the matter. The Scheme of Administration of the College also provides that the Executive Committee of the College shall be constituted by elections from amongst members of the general body of the College and the elections shall be held by the general body of the College. The Scheme does not stipulate participation of the general body of the Society in the elections of the Committee of Management or its office- bearers. Clause - 26 of the Scheme of Administration also provides that any order passed by the Registrar, Firms, Societies and Chits shall not be applicable either on the general body of the College or on the Executive Committee of the College. In short, the general body of the Society is not the electoral College which elects the Committee of Management and the office bearers of the College. Thus, the elections of the Committee of Management and the office bearers of the College cannot be rejected on the ground that the elections were held, on a list of members which was not registered under Section 4-B of the Act, 1860. Any order rejecting the elections on the ground that the election was held on a list not registered under Section 4-B of the Act, 1860 would be vitiated because of consideration of irrelevant material. As a corollary, any election held on a list registered under Section 4-B of the Act, 1860 and excludes members of the general body of the College who were not members of the general body of the Society would be contrary to the Scheme of Administration and invalid. In view of the aforesaid, the elections of the Committee of Management of the College set up by the petitioners and by respondent no. In view of the aforesaid, the elections of the Committee of Management of the College set up by the petitioners and by respondent no. 4 and referred to the Regional Level Committee by the DIOS vide his order dated 15.12.2021 could not have been rejected on the ground that the elections were held on a list of members which had not been registered under Section 4-B of the Act, 1860. The decision / order dated 29.3.2022 passed by the Regional Level Committee rejecting the elections set up by the petitioners as well as the respondent no. 4 on the aforesaid ground is contrary to law. The consequential order dated 30.3.2022 passed by the Joint Director of Education appointing an Authorized Controller in the College is, for the same reason also contrary to law. The appointment of Authorized Controller in the College has been declared illegal. It has also been held that the elections of the Committee of Management and the office bearers of the College could not have been held on a list registered under Section 4-B of the Act, 1860 and such an election would be invalid because it would be contrary to the Scheme of Administration. For the said reasons, the elections dated 10.9.2023 were invalid and contrary to law Thus, the order dated 14.9.2023 passed by the District Inspector of Schools, Aligarh recognizing the elections dated 10.9.2023 electing the respondent no. 4 as Manager of the Committee of Management of the Institution is also contrary to law. For the aforesaid reasons, the orders dated 29.3.2022, 30.3.2022 and 14.9.2023 are contrary to law and are, hereby, quashed The matter is remanded back to the Regional Level Committee, Aligarh Region, Aligarh, i.e., respondent no. 2 to decide the dispute regarding the rival elections set up by the petitioners and respondent no. 4 and referred to it by the District Inspector of Schools, Aligarh by his letter dated 15.12.2021 afresh in accordance with the observations made above. Appropriate orders shall be passed by the Regional Level Committee and by the District Inspector of Schools, Aligarh within a period of two months from today and the Regional Joint Director of Education, Aligarh Region, Aligarh shall ensure that appropriate orders are passed by the Regional Level Committee and the District Inspector of Schools within the time prescribed by this Court. Till the decision of the Regional Level Committee, the College shall be managed by an Authorized Controller appointed by the Joint Director of Education, Aligarh Region, Aligarh With the aforesaid directions and observations, the writ petitions are allowed. A copy of this order shall be sent to the Joint Director of Education, Aligarh Region, Aligarh by the Registrar (Compliance) within ten days for necessary compliance.” 3. In aforesaid circumstances, impugned order dated 29.03.2025 was passed by Regional Level Committee whereby it was held that election conducted by either party was not conducted as per valid list of 284 Members and it was also directed that a list dated 26.06.2012 on which earlier, undisputed election was conducted would be the valid list and after removing names of Members who have meanwhile died, a fresh election be conducted. For reference, relevant part of impugned order is quoted below :- 4. During pendency of present writ petition, fresh election was conducted on 11.05.2025 on basis of above order and Sri Mahendra Nath Chauhan, President and Sri Ravendra Chauhan, Manager was elected and election was approved by the concerned D.I.O.S. by an order dated 16.05.2025. The said order is impugned by way of an application for amendment which was allowed and subsequently, an amended writ petition was also filed. 5. Sri R.K. Ojha, learned Senior Advocate assisted by Sri Shivendu Ojha, learned counsel for petitioners has submitted that in the year 2017 (02.01.2017), the election was conducted wherein 207 Members of General Body have participated and Election of year 2017 was duly approved by DIOS, Aligarh vide an order dated 18.01.2017 and also by Joint Director of Education, Aligarh vide an order dated 04.06.2018 and further challenge was disputed subsequently. Though it was not denied that Joint Director of Education has not decided the dispute of Membership on merit, being beyond jurisdiction. Relevant part of it is reproduced hereinafter :- 6. Learned Senior Advocate has further submitted that 60 new Members were inducted after they deposited requisite fee of Rs. 500/- each and total sum of Rs. 30,000/- was deposited in the bank account on 30.04.2016. Learned Senior Advocate has submitted that name of 40 earlier Members were deleted as either they were dead or had not attended meeting for many long time, though in support of submission, no supportive document was placed on record. 7. 500/- each and total sum of Rs. 30,000/- was deposited in the bank account on 30.04.2016. Learned Senior Advocate has submitted that name of 40 earlier Members were deleted as either they were dead or had not attended meeting for many long time, though in support of submission, no supportive document was placed on record. 7. Per contra, Sri Ashok Khare, learned Senior Advocate assisted by Sri Wahid Jamal, learned counsel for respondents has submitted that this Court in earlier round of litigation has directed that issue of dispute of Membership considered by the Regional Level Committee and since that order has attained finality, therefore, Regional Level Committee has not made any illegality to consider the dispute of membership. 8. Learned Senior Advocate for respondents has further submitted that Regional Level Committee has considered the material on record and referred a finding that induction of new Members was wrong and deletion of earlier Members was also without any reason. No document was placed on record which could dispute said findings. 9. In earlier round of litigation, this Court has directed the Regional Level Committee to look into the dispute afresh and as referred above, after giving opportunity of hearing to petitioners and others, impugned order was passed whereby it was held that admission of 63 new Members as well as removal of 40 earlier Members was dehors of provisions of approved Scheme of Administration. 10. In the impugned order, it was also held that there was no reason for Committee to conduct election six months prior to end of tenure in the year 2017 and despite various opportunities, petitioner-2 Smt. Niharika Chauhan, Manager has not submitted any reply or documents that under what circumstances, a decision was taken to prepone the elections. 11. It was also held that in support of admission of 63 new Members, Manager has not able to show any requisite documents. 12. In above background, Court has considered rival submissions and documents now placed on record. 13. First document is minutes of proceedings dated 30.04.2016 whereby 63 new Members were inducted and some Members who were either dead or have not attended the meeting for last many years were removed. 14. 12. In above background, Court has considered rival submissions and documents now placed on record. 13. First document is minutes of proceedings dated 30.04.2016 whereby 63 new Members were inducted and some Members who were either dead or have not attended the meeting for last many years were removed. 14. I have carefully perused the resolution and found that it appears that procedure for admission of new Members appears to be followed, however, no document was placed that 40 Members have died and some Members have submitted their resignation. Court takes note that meeting was conducted under Chairmanship of Vice President on a ground that President was absent though it is not on record whether any prior information was given to Vice President or published in news paper. 15. Second document is minutes of meeting dated 08.05.2016 whereby a resolution was adopted for removal of S/Sri Mahendra Singh Chauhan, President, Ravindra Singh Chauhan, Secretary and Lakhan Singh, Member on a ground of their unsocial and bad conduct. 16. In this regard, Court takes note of Clause-IV of approved Scheme of Administration that any Member can be removed from membership if he is found guilty of a conduct related to anti-social, however, for that there must be a declaration that he was found guilty and such declaration is absent in resolution dated 08.05.2016 except that they were involved in antisocial activities though Court is of the view that if allegations are serious, General Body can take a decision to remove any Member from membership, though it is not recorded in resolution that said Members were put on notice or their stand was called and considered. 17. Third document is resolution dated 29.05.2016 whereby it was resolved that election be conducted much before tenure is over on a ground that 3 Office Bearers are not attending the meeting and they are not cooperating, therefore, work of Committee of Management is hampered. 18. In this regard, Court takes note of clauses of approved Scheme of Administration that tenure of an election is 5 years and within one month thereafter, election ought to have been held otherwise Committee will be declared time-barred. There is no provision of early election and still Court takes note there is no bar to conduct early election if circumstances so warrant, but it should be very specific. 19. There is no provision of early election and still Court takes note there is no bar to conduct early election if circumstances so warrant, but it should be very specific. 19. As referred above, impugned order was passed mainly on a ground that aforesaid documents were never placed before concerned respondents despite various opportunities were granted and concerned respondent has no opportunity to consider above referred three documents, impugned order was passed. 20. Now the Court proceeds to consider whether on basis of documents brought on record along with this Writ Petition, it would be a sufficient ground to grant an opportunity to petitioners to place them before concerned respondents or in the light of observations made by this Court in earlier paragraphs in reference to each document, it would not necessary or legally permissible to grant an opportunity to place referred documents. 21. It is a case arising out of a dispute essentially of admission of new Members and removal of old Members, therefore, Court finds that meeting for said purpose have to be conducted strictly in terms of provisions of Scheme of Administration. 22. The meeting for admission of new Members was conducted in absence of President, though, scheme of Administration permits that in absence of President, Vice President can conduct meeting, however, there must be legally sustainable reasons for his absence, however, same does not reflect from minutes of meeting, which only states that President was not available. 23. No communication from the President was placed on record or taken note in resolution, therefore, even though further procedure may be in terms of Scheme of Administration for admission of Members, manner under which meeting was conducted was not proper. 24. Court is of the view that there is no sufficient material even in proposal adopted that how names of forty Members were deleted except a general reference that some of them are dead. No documentary proof of their death was taken on record, therefore, Court if of the view that said meeting on which sixty Members were admitted and forty Members were deleted was not conducted in accordance with Scheme of Administration. 25. No documentary proof of their death was taken on record, therefore, Court if of the view that said meeting on which sixty Members were admitted and forty Members were deleted was not conducted in accordance with Scheme of Administration. 25. The next meeting was conducted on 08.05.2016, whereby a serious allegation was made against three Members i.e.President, Secretary and one Member and they were expelled from General Body and as referred above before such action is proposed, there must be some finding or some substantial evidence that they were found guilty, however, there is no such declaration even in brief in the resolution, though there were serious allegations that one expelled Member was found in compromising position with a woman, therefore, manner under which President, Secretary and one Member were expelled from General Body was also not proper. 26. In similar circumstances Court finds that there is no legally sustainable reason to conduct election about six months before expiry of tenure and observations made in impugned order that decision was taken to conduct election in a secret manner has substance. The Election should be conducted in a fair manner, however, such fairness was missing. 27. In aforesaid circumstances Court finds that all three meetings referred above were not conducted properly, therefore, there is no need to this Court to grant liberty to petitioner to place these documents before concerned respondents as there is no error in impugned order and since according to directions made in impugned order, fresh election has already been concluded, therefore also, no ground exists to cause interference. 28. Accordingly, Writ Petition lacks merit, hence, it is dismissed.