- (1.) Pleadings between the parties is complete and thus, as prayed by learned counsel from both sides, the matter is being heard on merit and is being decided finally.
(2.) Heard Sri Ravi Kiran Jain, learned Senior Advocate assisted by Sri Pushkar Mehrotra on behalf of the petitioners, Sri Anurag Khanna who appears for respondents No. 1 and 2 and Sri W. H. Khan and Sri A. K. Gaur who appears for respondent No. 3. After hearing arguments from both sides, on the date when the judgment was reserved, as prayed by learned counsel for the petitioner, time was allowed to file a written note with case law in the light of the arguments so advanced. Both sides have filed written note which has been perused.
(3.) At the time when the writ petition was filed, there happened a prayer for quashing the order of respondent No. 2 dated 11-12-2001 (annexure 10 to the writ petition). By the aforesaid order, election dated 10-11-2000 in which committee of management headed by Anil Kumar Jain as its Secretary and Avinash Kumar Jain as President has been disapproved and further a direction was given that fresh election to constitute valid committee is to be conducted through Ashok Kumar Jain, the present respondent No. 3, within a period of two months. When the writ petition was filed before this Court, as no interim order was granted, the order of the respondent No. 1 operated and fresh elections are said to have taken place. In view of the subsequent developments as took place, on moving amendment application by the petitioners, this Court on 11-1-2002, permitted the amendment in relief clause i.e. for issuance of writ of certiorari quashing the show cause notice dated 18-11-2001 as contained in Annexure 8 to the writ petition and quashing the election to elect 15 members as held on 9-1-2002 and declared on 10-1-2002 as contained in Annexures 1 and 2 to the affidavit. It is thus, now the challenge before this Court is in respect to the show cause notice dated 18-11-2001 annexure 8, the order of the Vice-Chancellor/respondent No. 2 dated 11-12-2001, Annexure 10 to the writ petition and proceedings of the election and declaration of the result dated 9-1-2002 and 10-1-2002 (Annexures 1 and 2 to the affidavit).;