Hon'ble Dilip Gupta, J. - (1.) The Committee of Management, Samajwadi Inter College, Gabhiram, District Jaunpur and Ram Prasad Singh claiming himself to be its Manager have filed this petition for setting aside the order dated 9th February, 2009 passed by the Prabandh Sanchalak of the Samajwadi Inter College, Gabhiram, District Jaunpur (hereinafter referred to as the 'Institution') by which he has finalised the list of 27 members of the General Body entitled to participate in the election of the Committee of Management of the Institution. The petitioners have also sought the quashing of the order dated 25th/28th March, 2009 passed by the District Inspector of Schools, Jaunpur by which he has approved the election of the Committee of Management of the Institution held on 28th February, 2009 in which Brijendra Singh was elected as the Manager.
(2.) It is stated that the Institution is recognised under the provisions of the U.P. Intermediate Education Act, 1921 and has its own Scheme of Administration. The term of the Committee of Management of the Institution is provided as three years but the office bearers can continue for a further period of one month. However, if within the period of three years and one month, the newly elected Committee of Management does not take charge, the existing Committee of Management shall automatically cease to exist and a Prabandh Sanchalak shall be nominated by the Joint Director of Education who shall exercise the powers of the Committee of Management of the Institution and hold the election for constituting the Committee of Management.
(3.) In the election held on 22nd October, 2004, Bhagwati Prasad Singh was elected as the Manager. Fresh election was, thereafter, held on 21st October, 2007 in which Bhagwati Prasad Singh was elected as the President and petitioner No. 2-Ram Prasad Singh was elected as the Manager. Respondent No. 5- Brijendra Singh also claimed that election was held on 9th January, 2008 in which he was elected as the Manager. The District Inspector of Schools forwarded the election papers to the Regional Level Committee. The Regional Level Committee approved the election of the Committee of Management with Brijendra Singh as the Manager and the election of the petitioner- Committee of Management was discarded.;