S.K.Singh, J. - (1.) By means of this writ petition, the petitioners have prayed for issuance of a writ in the nature of mandamus commanding the respondent No. 1, the District Inspector of Schools, Moradabad, to attest the signature of petitioner No. 2 as Manager of the committee of management on the basis of the election held on 14.9.1997. A further prayer has been made that the letter dated 11.9.1997 (Annexure-12 to the writ petition) as issued by the respondent No. 1 be also quashed.
(2.) When the matter was taken up, a preliminary objection was raised on behalf of the respondents that this writ petition, by lapse of time, has become infructuous as the term of the committee of management as provided under the Scheme of Administration is 3 years and thereafter, for 1 month, the office-bearers of the old committee can continue and, therefore, according to the learned counsel for the respondents, the election in which the petitioners claim to have been elected being of the year 1997, no relief can be granted to the petitioners. Learned counsel for the petitioners has placed before the Court Clause 8 and Sub-clause 4 of clause 9 of the Scheme of Administration which has been annexed as Annexure-1 along with the impleadment application by Sri Daman Singh and others. The aforesaid Clause 8 and Sub-clause (4) of Clause 9 for convenience is hereby reproduced as under : ..(VERNACULAR MATTER OMMITED)..
(3.) In view of the aforesaid preliminary objection, matter was heard on this issue. For deciding the aforesaid preliminary issue as to whether the writ petition has become infructuous as argued by learned counsel for the respondents, a reference to certain facts will be necessary which come out from the narration of the facts as have been pleaded in the writ petition.;