R.R. Yadav, J. - (1.) Heard the learned counsel for the petitioner, Sri Ashok Khare, learned standing counsel as well as learned counsel representing respondent No. 3, Sri B. D. Mandhyan.
(2.) The present writ petition is posted today for admission, and for disposal of stay vacate application but with the consent of the learned counsel for the parties. I would like to dispose it of finally on merit at admission stage.
(3.) Without delineating the facts averred in the writ petition and controverted in separate counter-affidavits filed by respondent Nos. 1 and 2 and respondent No. 3 in detail, it is borne out from perusal of record that the term of office of the elected Committee of Management has already expired under the bye-laws of the society. The petitioner Mohammad Salim Khan, the then elected Manager was entitled to hold election, but when the programme of election was declared by him, it was stayed by the order of District Inspector of Schools, Fatehpur. it is also borne out from perusal of record that after restraining the petitioner to hold election of Committee of Management, the District Inspector of Schools for the reasons best known to him, wrote a letter to the President of the Society to hold election, who was not entitled to hold election under the bye-laws of the society and under the Scheme of Administration approved by Educational Authority under U. P. Intermediate Education Act and Rules framed thereunder. Although the petitioner was restrained by the District Inspector of Schools to hold election unless enquiry is complete relating to members of general body of society, yet it is averred in the writ petition that the petitioner held election on 22.5.2001 whereas it is averred by contesting respondent No. 3 in his counter-affidavit that election of the Committee of Management was held on 30.7.2001. The Committee of Management alleged to have been elected on 30.7.2001 is approved by the Committee headed by Joint Director of Education and in consequence of the approval by the Committee headed by Joint Director of Education, the District Inspector of Schools, Fatehpur, has attested the signature of contesting respondent No. 3 as member of the Committee of Management. The order impugned attesting the signature of respondent No. 3 is filed and marked as Annexure-17 to the writ petition. The petitioner filed the present writ petition challenging the impugned order dated 29.9.2001 and obtained ad-interim stay order on 19.11.2001 passed by learned single Judge of this Court whereby the operation of the order impugned was stayed.;