- (1.) After hearing the parties, in our opinion, the impugned order does not required interference. However, on account of attending circumstances, we would like to place on record certain facts of the case.
(2.) There is a controversy going on as to who is the real Committee of Management in respect of the institution namely Daya Nand Uchattar Madhyamik Vidyalaya Thaur Kewasipur, Jaunpur. A writ petition was filed in this Court, in which an interim order was granted on 05.01.2005, by which the order of the Joint Director of Education directing for holding of fresh elections of Committee of Management appointing District Inspector of Schools, Varanasi as Authorized Controller and refusing to recognize the elections of rival factions was stayed. It is not necessary to enquire into as to what has happened in the meantime. The two writ petitions giving rise to this appeal were finally heard on 22.04.2010 and judgment was reserved. However, before the delivery of the judgment of the learned Single Judge dated 12.07.2010, it appears that the Authorized Controller on 5th July, 2010 proceeded to hold elections, which has been recognized on 12th July, 2010 by the District Inspector of Schools who was appointed as Authorized Controller.
(3.) In respect of this election, learned Counsel for the appellants has placed four envelopes before us. Two envelopes were opened by the learned Counsel himself which contain blank papers and the other two envelopes were opened by this Court and the same also contain blank papers. In other words, the contention of learned Counsel appearing on behalf of the appellants is that some of the members, who are supporting the appellants, did receive them and as there was no information at all, therefore, they could not participate in the elections which has been held on 05.07.2010.;