Dilip Gupta, J. - (1.) THE Committee of Management of Sarvodaya Inter College, Vaina, Tehsil Khair, District Aligarh and Karamveer Singh claiming to be its Manager have filed this petition for quashing the order dated 29th March, 2010 passed by the District Inspector of Schools, Aligarh by which the claim of the petitioner -Committee of Management for approving the elections of the Committee of Management of the Institution held on 7th December, 2008 with Manoj Kumar as the President and Karamveer Singh as the Manager has been rejected and the election of the Committee of Management of the Institution held on 12th October, 2008 with Karamveer Singh as the President and Sant Pal Singh as the Manager have been approved.
(2.) IT is stated in the writ petition that that Shiksha Prasarini Samiti, Vaina, Tehsil Khair, which is a Society registered under the provisions of the Societies Registration Act, 1860 (hereinafter referred to as the 'Act'), runs an Intermediate College by the name of Sarvodaya Inter College (hereinafter referred to as the 'College'). The College has its Scheme of Administration. In the election of the Committee of Management of the Institution held on 5th December, 2004, Sant Pal Singh was elected as the President and Karmaveer Singh was elected as the Manager. This election was approved by the Regional Level Committee on 9th February, 2005 and the District Inspector of Schools also attested the signatures of Karamveer Singh as the Manager by the order dated 16/17th February, 2005. Thereafter, the election of the Committee of Management of the Institution was held on 12th October, 2008 in which Karamveer Singh was elected as the President and Sant Pal Singh was elected as the Manager. The District Inspector of Schools did not approve this election by the order dated 5th November, 2008 and a further direction was issued for holding of the elections under the supervision of Balbeer Singh as the Election Officer and Ranveer Singh as the Observer. Pursuant to the aforesaid directions issued by the District Inspector of Schools, the Election Officer published the election notification in daily newspaper 'Dainik Jagran'. Election of the Committee of Management of the Institution was held on 7th December, 2008 in which Karamveer Singh was elected as the Manager. The papers were sent by the Election Officer to the District Inspector of Schools. The District Inspector of Schools by the order dated 30th March, 2009, on the basis of the communication dated 30th March, 2009 sent by Sant Pal Singh that a compromise had taken place between the parties and it was agreed that the elections dated 12th October, 2008 with Karamveer Singh as the President and Sant Pal Singh as the Manager should be approved, passed an order dated 30th March, 2009 approving the elections of the Committee of Management held on 12th October, 2008 with Karamveer Singh as the President and Sant Pal Singh as the Manager and also attested the signatures of Sant Pal Singh as the Manager.
(3.) THIS order dated 31st March, 2009 was challenged by one Manoj Kumar, claiming himself to be a life member of the Society, in Writ Petition No. 31128 of 2009 and the Committee of Management of the Institution with Karamveer Singh as the Manager was arrayed as respondent No. 4. A further prayer was made to hold election of the Committee of Management of the Institution. This petition was disposed of by the judgment and order dated 24th June, 2009 with the following observations: Grievance of the petitioner is that no real election of Committee of Management of Sarvodaya Inter College, Tehsil Khair, Aligarh took place, however, two sets of persons set U.P. two fictitious elections and thereafter on the basis of compromise between them fictitious election of one of the sets was approved by D.I.O.S. through order dated 31.3.2009, copy of which is Annexure -2 to the writ petition. Even though in writ petition it has not been stated that petitioner also intended to contest election, however such assertion was orally been made by the learned Counsel for the petitioner. The petitioner is directed to immediately file a detailed application before the D.I.O.S., Aligarh seeking recall of his order dated 31.3.2009 and consequential orders if any. The matter shall be decided very expeditiously by D.I.O.S., Aligarh after issuing notice to Santpal, Govind Singh and Karm Veer. Representation is stated to have already been filed on 12.6.2009 copy of which is Annexure No. 3 to the writ petition. Let the copy of the said representation be filed again alongwith certified copy of this order and supplementary representation if considered necessary before the D.I.O.S. D.I.O.S. must make all efforts to decide the matter within two months from the date of receipt of a certified copy of this order alongwith copy of the representation. Writ petition is accordingly disposed of.;