- (1.) Heard Sri R.K. Ojha, learned counsel for the petitioners and Sri P.N. Saxena, learned senior counsel alongwith Sri H.N. Pandey for the caveator-Shri Arvind Kumar who claims himself to be the life member of the General Body entitled to participate in the election of the Committee of Management of B.P. Inter College, Bijwara District Baghpat. The petitioner has come up challenging the communication of the Additional Director of Education dated 12th September, 2012 Annexure 10 to the writ petition whereby an information has been tendered that the tenure of the erstwhile Committee will not stand automatically extended on account of the amendment in the term of the Committee of Management by virtue of the approval dated 30.12.2011.
(2.) Sri Ojha contends that the letter dated 30.12.2011 allows the earlier elected Committee, the elections whereof were held on 14.6.2009 to complete its tenure of five years in terms of the extended tenure, and therefore, the impugned order is vitiated. He contends that the recital in the impugned order that the amendment will apply prospectively only in relation to fresh elections and not to the earlier elected Committee of Management, is erroneous in law. He has relied on an order in a dispute having been referred by a learned single Judge in the case of C/M Saltnat Bahadur Post Graduate College and another v. State of U P. and others, 2012 90 AllLR 509.
(3.) Sri Ojha submits that in view of there being a conflict between two Division Benches, and the matter having been referred to a larger Bench, this Court should intervene and set aside the impugned order and allow the petitioner Committee to complete its tenure of five years.;