Aloke Chakrabarti, J. - (1.) THE impugned order cancelling the committee of management due to non -compliance of the provisions of sub -clauses (1), (2) and (3) of Clause 9 of the Scheme of Administration was challenged in this writ petition. Mr. W.H. Khan, learned counsel for the petitioner contends that the said provisions contained in the Scheme of Administration have been sufficiently complied with as would appear from the impugned order as also the document annexed to the writ petition and, therefore, the impugned order can not stand and the petitioner, the committee of management is entitled to get the cancellation set aside.
(2.) MR . V.K. Shukla, learned counsel for the contesting respondent No. 5 contended that the materials available clearly indicate that the provisions of the said Scheme of Administration have been grossly violated and, therefore, the election held on the said basis can not stand. After considering the contentions of the respective contesting parties and perusing the materials available on record, I find that three irregularities have been found in the impugned order violating three provisions contained in clauses 9(1), 9(2) and 9(3) of the Scheme of Administration, a copy whereof has been annexed at Annexure No. 1 to the writ petition. A perusal of the same indicates that the said clause 9(1) requires a joint meeting of the President and the Manager. The facts available here show that the President was absent and Vice -President acted on his behalf. Learned counsel for the contesting respondent contended that the provisions of Clause 17(2) of the Scheme of Administration provides requirement of a consent of the President in writing as provided in sub -paragraph (b) of paragraph 2 of Clause 17 of the Scheme of Administration.
(3.) UPON perusal of the said provision, I am of the opinion that sub -paragraphs (a) and (b) of paragraph (2) of Clause 17 are independent and in the absence of President the Vice -President could function and no written consent was required. Requirement of consent in writing is in different eventualities.;