- (1.) HEARD Sri Anil Bhushan learned counsel for the petitioner and the learned standing counsel for the respondent nos. 1,2 and 3.
(2.) IN view of the nature of the order that is proposed to be ,passed it is not necessary to issue any notice to the respondent no.4 at this stage. Needless to mention that the petitioner had earlier filed Writ Petition No. 10093 of 2011 which was dismissed as withdrawn with liberty to file a fresh writ petition keeping in view the order dated 8.7.2008 and this writ petition has been filed assailing the said order dated 8.7.2008.
(3.) THE present writ petition assails the order dated 28.1.2011 whereby Committee of Management has been superseded in exercise of powers under Section 6(3) of the Payment of Salary Act under U.P.Act No.24 of 1971 on the ground that the Committee which had been validly elected in Jan.,2006 had not been recognised and an order has been passed on 8.7.2008 refusing to grant recognition. Accordingly the said Committee has no right to continue. The period of the Committee of Management according to the approved Scheme of Administration is three years which has already expired, therefore an Authorised Controller has to be appointed to hold fresh elections.;