Societies Registration Act as applicable to UP.
No person who has been convicted in a criminal case can be permitted to contest election of college management.
Registrar directed to prepare list of convicted members of the Registered Societies running the colleges in UP.
High Court issues circular.
Following directions issued.
Persons with such criminal antecedents cannot be permitted to run the affairs of an educational institution and blight the education prospects of the country’s youth.
I. All Assistant/Deputy Registrar, Firms, Societies and Chits in all districts of the State of Uttar Pradesh, shall ensure that every proceeding under Section 4(1) and Section 25(1) of the Societies Registration Act, 1860, shall be preceded by a declaration from each member/applicant disclosing their criminal antecedents.
II. No order shall be passed in any proceeding under Section 4(1) of the Societies Registration Act, 1860, in respect of societies which are running educational institutions till such declarations of criminal antecedents are submitted by each member on affidavit and placed in the record.
III. Assistant/Deputy Registrars, Firms, Societies and Chits in all districts of the State of Uttar Pradesh, shall also call for similar declarations on affidavits from all office bearers of societies currently running educational institutions in the State of Uttar Pradesh and proceed as per law.
IV. Additional Chief Secretary, Institutional Finance, Government of U.P., Lucknow, shall circulate this judgement to all Assistant/Deputy Registrars, Firms, Societies and Chits in all districts of the State of Uttar Pradesh for ensuring compliance of these directions.
V. Considering the importance of the matter, Additional Chief Secretary, Institutional Finance, Government of U.P., Lucknow, shall draw up a compliance report and submit the same before the Chief Secretary, Government of U.P., Lucknow within six months so that the State is alerted to the menace of criminal elements usurping educational institutions and can take appropriate legal measures to check the same.
VI. Failure of any Assistant/Deputy Registrars, Firms, Societies and Chits to comply with this order will not only expose the official to proceedings for violation of orders of this Court but will also amount to a grave misconduct for which departmental proceedings will be initiated against the concerned official as per law.
Shiksha Prasar Samiti and Ors. vs. State of U.P. and Ors. (27.04.2023 – ALLHC) : MANU/UP/1615/2023