- (1.) By means of the present petition, the petitioners are challenging the order dated 3.1.2012, passed by the District Inspector of Schools, Gautam Buddh Nagar by which he has rejected the election held by the petitioners on 16.10.2011 and appointed the Authorised Controller to hold the election.?
(2.) The brief facts of the case are that the election of the committee of management was held on 21.5.2008.? The term of the committee of management is three years as per the scheme of administration.? There is no dispute in this regard.? Accordingly, the term of the committee of management expired on 20.5.2011 and admittedly the election was held on 16.10.2011 by the outgoing committee of management, which has been held as illegal by the impugned order.
(3.) Learned counsel for the petitioners submitted that the election has been held at the instances of the District Inspector of Schools.? He submitted that on the letter of the petitioners, dated 29.8.2011, based on the resolution dated 28.8.2011, the District Inspector of Schools has appointed Sri Pritam Singh, Assistant Teacher of the Adarsh Uchchattar Madhyamik Vidhayalay, Gautam Buddh Nagar as the Returning Officer and directed to publish the programme of the election in 'Rashtriya Sahara' news paper.? Further, by the order dated 16.9.2011, the District Inspector of Schools has appointed the Principal of the Government Inter College, Gautam Buddh Nagar as the Observer.? The election was held on 16.10.2011 and in this regard a report has been submitted by the Returning Officer to the District Inspector of Schools.? He further submitted that in the election the complainant also participated and when he defeated in the election, he filed the complaint and on such complaint, the impugned order has been passed.? He also submitted that once the complainant participated in the election, it was not open to the complainant to dispute the election.? Therefore, the order of the District Inspector of Schools is unjustified.? He placed reliance on the? decision of the learned Single Judge of this Court in the case of Ravindra Kumar Saxena vs. State of U.P. and others,2004 3 UPLBEC 307.;