- (1.) HEARD learned counsel for the petitioners, Sri Anil Bhushan learned counsel for the respondent no.5 and learned standing counsel for the respondent nos. 1 to 4.
(2.) THIS petition has a chequered history and the election of the committee of management has been in dispute for a long time. The matter ultimately came up before a Division Bench of this Court and in view of the judgment dated 29.7.2009 a direction was issued for holding a fresh election. However, while issuing the said direction it was clarified that the committee of management that was then continuing shall continue to manage the affairs of the institution till the term comes to an end. It is undisputed that the petitioner no.2 Om Prakash Gupta was the then Manager of the committee of management who was in effective control. The District Inspector of Schools in compliance of the judgment of the special appellate bench proceeded and ultimately on 19.12.2009 finalised the list relating to the electoral college of the general body entitled to participate in the elections of the Committee of Management of Sarvodaya Inter College Sudnipur district Jaunpur. The contesting respondent Gyan Chand Yadav was dissatisfied with the declaration and he raised certain objections, which according to the petitioner had already been considered and rejected byt the District Inspector of Schools.
(3.) IT appears that the District Inspector of Schools was again approached and he passed a fresh order on 10.5.2010. reviewing the earlier electoral college finalised by him. This was challenged by the petitioner in Writ Petition No.30937 of 2010 where this Court passed an interim order on 25.5.2010 which is quoted herein: The petitioners have sought the quashing of the order dated 10th May, 2010 passed by the District Inspector of Schools, Jaunpur by which he has determined the list of members of the general body entitled to participate in the election of the Committee of Management of the society to be held on 26th May, 2010. It is the contention of Sri Ashok Khare, learned Senior Advocate appearing for the petitioners that pursuant to the directions issued by the Division Bench of this Court in Special Appeal No. 1030/2009, the District Inspector of Schools, after inviting objections, finalized the electoral college consisting of 100 members and published the same in the news paper on 26th January, 2010. The objections filed by the respondent no. 5 Gyan Chand Yadav were specifically rejected, but without giving any opportunity to the parties, the District Inspector of Schools has again considered the objections filed by Gyan Chandra Yadav and has finalized another list dated 10th May, 2010. This list consists of forty members only and the petitioners have been excluded even their names appeared in the earlier list published on 26th January, 2010. In view of the submissions advanced by learned Standing Counsel for the respondents and in view of the averments made in the writ petition, the election of the Committee of Management of the Society may be held on 26th May, 2010, but the result shall not be declared. Learned Standing Counsel appeared for respondents no. 1 to 4. Sri Kripa Shankar has appeared on behalf of respondent no. 5. They prayed for and are allowed four weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter. List this petition for admission/hearing in the week commencing 12th July, 2010.;