'There Is No Raja': Allahabad High Court Proposes Scheme To Reconstitute Balwant Educational Society's Board Amid Family Feud

Dealing with a long standing dispute between family members of Late Raja Balwant Singh of Awagarh for the position on the board of Balwant Educational Society, the Allahabad High Court proposed a scheme for appointment of the children of the brothers on various posts of the Board of the Trust.

In the dispute between cousins regarding appointment to Committee of Management of the Balwant Educational Society to run Raja Balwant Singh's College, Justice Saurabh Shyam Shamshery noted that none of them could claim the title of the 'Raja' but could still become Board Members and the be appointed on the post of Vice President of the Board.

The Court proposed that “all brothers in an order from eldest to youngest (on basis of date of birth) may become Member and Vice President for equal duration, during a term of 5 years i.e. if they are two brothers, they may become Vice President for 21⁄2 years each. Elder son in first half and younger son in second half.”

Noting that the above arrangement shall come into force from 1.12.2025, the Court observed

“It would always be better and in the interest of Trust and Society as well as of legacy, if both brother may take a considered and unanimous decision and manner to represent from the family in Board and to act as Vice President but due to long litigation and their estranged relation as shown in Court room, possibility of any agreed decision is very less.”

As per Clause 7 (ii) of Rules of the Society, the Raja is the Vice President of the Society. The dispute regarding the claim to the title of Raja and consequently the position of Vice President was between Anirudh Pal Singh, younger son of Late Digviyal Pal Singh and Sri Jitendra Pal Singh, eldest son of Yogendra Pal Singh. Digviyal Pal Singh was elder brother of Yogendra Pal Singh.

The Court observed that in a case (Dr. D.P.S. Bhati & Anr Vs. State of U.P.) regarding amendment of rules of the society, a coordinate bench had observed that

“The petty individual interest should not score a march over larger public interest. Come what may, but the atmosphere of educational institution should not be affected in any manner otherwise not only the people of city at Agra but entire province and may be the country, (since students comes to this College across the country) would never condone the sin. I hope and trust that good senses shall prevail with the disputing parties and they shall give serious thought over the matter so as to work conjointly for the better and more effective functioning of educational institution and to raise its standard sky high.”

Noting that the brother had refused to shake hands, and only did so on insistence of the Court, it observed that there was no valid committee of management of the Trust and both brothers wanted to enjoy the fruits of the estate and the title of 'Raja' without doing anything. It was observed that the brothers were not interested in working for the Trust.

“Today, there is no 'Raja' or 'King'. There is only a legacy and in absence of entire Codicil and the bye-laws of Balwant Educational Society, reliance placed by learned Senior Counsel appearing on behalf of petitioners has no legal consequence so much as to determine that who among the family would become Member of Board of Management and Vice President.”

Noting that the brothers (named above) did not want to work for the trust and had only prolonged litigation due to their egos, the Court barred them from interfering in the day to day working of Board of Management and from entering into the premises of the College. It directed the rest of the members of the Board to continue working.

With a heavy heart, the Court reiterated that the basic purpose of the Balwant Educational Society was being destroyed in the family feud. It observed that even without the title of 'Raja' the parties ought to take the legacy forward.

Accordingly, the Court framed the arrangement whereby

“eldest brother Sri Jitendra Pal Singh will discharge responsibility of Member and Vice President for first 21⁄2 and for remaining period of 21⁄2 years, Aniruddh Pal Singh (younger brother) will discharge responsibility.”

Case Title: Balwant Educational Society And 3 Others v. State Of U P And 3 Others [WRIT – C No. - 10388 of 2019]

Appearances: Ashok Khare, Senior Counsel assisted by Raj Kumar Mishra, counsel for petitioners, Zeeshan Khan and Ali Bin Saif, counsel for the respondents

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