- (1.) WE have heard Shri Shailendra, learned Counsel for the appellants. Learned Standing Counsel for the State respondents; Shri S.P. Singh appears for the respondent No. 7.
(2.) THESE special appeals arise out of judgment dated 8.5.2007 in Writ Petition No. 17749 of 2007 by which learned Single Judge has allowed the writ petition and has quashed the orders passed by the Regional Level Committee dated 24th March, 2007, in so far as it has given approval to the initiation of the election proceedings under a requisition meeting dated 5th October, 2005, and the elections held on 12th November, 2005. He has thereafter given directions to the Regional Joint Director of Education to appoint a Prabandh Sanchalak and hold fresh elections. Learned Single Judge has observed that at the fag end of the term of the elected Committee of Management the President and Manager parted company. Both of them set up their own elections and submitted papers for approval. After going through the respective submissions, it was found by the learned Single Judge that the election programme was published showing 340 members, which included 116 new members enrolled in the meeting dated 5th October, 2005. Before induction of this 116 members on 20th August, 2005 there were only 224 members in the general body. The election meeting was not requisitioned by requisite numbers namely 10% of the total membership. Only 15 members of the general body had requested to convene election meeting. It was found that induction of 116 new members as suggested by respondent Nos. 6 and 7 in the writ petition in the requisition meeting dated 5th October, 2005 was not in accordance with the approved scheme of administration. The induction of such large number of members at the time of finalisation of election programme creates a doubt about the validity of the membership of the new members.
(3.) SHRI Shailendra, learned Counsel for the petitioner -appellant submits that the membership fee of new members was accepted by the Treasurer of the Committee of Management in accordance with the Scheme of Administration. The fee was deposited with her till the membership were accepted. Since no meeting was convened in between the request for membership could not be considered.;