Amreshwar Pratap Sahi, J. - (1.) HEARD Sri Irshad Ali learned Counsel for the Petitioners and Sri Ashok Khare learned Senior counsel for the Respondent No. 5 Committee of Management.
(2.) THIS dispute relates to constitution of the Committee of Management of Harjinder Nagar Inter College, Harijinder Nagar Kanpur. The Respondent No. 5 Sardar Prakash Singh claims himself to be the elected Manager in the elections held on 28.11.2010 about which a report was submitted by the Associate District Inspector of schools on 30 -.9.2010. The signatures of the elected office bearers came to be attested approving the elections vide order dated 18.12.2010. It is this order which has been assailed by the Petitioner contending that the entire elections are invalid primarily on the ground that it is in teeth of the directions of the Division Bench judgment dated 26.9.2008 passed in Special Appeal No. 1284 of 2008. It has also been submitted by Sri Irshad Ali that the District Inspector of Schools had to issue the program for holding of elections which was not done by him and therefore on this score also the order impugned deserves to be set aside. The matter had been taken up on 18.1.2011 and Sri Ashok Khare learned Senior counsel for the Respondent No. 5 had been called upon to assist the court about the fact of finalisation of electoral college in term of the directions of the Division Bench order.
(3.) SRI Khare submits that the answering Respondent is not in possession of any such order of the District Inspector of School and so far as the dispute relating to finalisation of the electoral college is concerned this can be determined by the Joint Director of Education who is Chairman of the Regional Level Committee in view of the observations made by this Court in the judgment dated 17.1.2011 in Writ Petition No. 2282 of 2011.;