Markandey Katju, J. - (1.) THE present dispute relates to all educational institution which was formerly a Junior High School but was upgraded to a High School in 1990. This institute is run by a Society known as Shiksha Samiti, Basuchak, Ballia. In 1980 lections for the Committee of Management of the institution were held and respondent No. 3 Vikarma Singh was elected as Manager, and petitioner No. 2 Lalji Singh as Secretary. It is alleged that on 5 -10 -1986 a no confidence motion was passed against Vikarma Singh and thereafter Lalji Singh was elected Manager and his signature was attested. A dispute was raised regarding the list of members of the Society before the Assistant Registrar who held on 9 -1 -87 that the list submitted by the petitioner was correct. Vikarma Singh filed writ petition No. 6268 of 1987 against the order dated 9 -1 -87 and the said order was stayed by this court. After obtaining the ex -parte order Vikarma Singh served it on the Zila Basic Shiksha Adhikari, Ghazipur who attested the signature of Vikarma Singh without issuing notice to the petitioner. Aggrieved, the petitioner filed writ petition No. 9357 of 1987 in this court, and both petitions were disposed off by a common judgment of this Court on 11 -9 -1987. True copy of the said judgment is Annexure -1 to this petition,
(2.) THIS judgment dated 11 -9 -87 was produced before the Assistant Registrar who after hearing both parties passed an order dated 29 -10 -88 directing fresh elections of the committee of Management from among persons who were members of the Society in 1967 -68. True copy of the order dated 29 -10 -88 is Annexure CA -14 to the counter -affidavit. Against this order writ petition No. 21244 of 1988 was filed by the petitioner but it was dismissed as not pressed on 27 -7 -89 vide Annexure -2 to the writ petition. After upgradation as a High School in 1990 a Scheme of Administration came into force. The petitioner's allegation in para. 16 of the writ petition is that on the coming into force of the Scheme of Administration it was incumbent on the Basic Shiksha Adhikari, who was functioning as Manager of the institution, to have held elections in accordance with the new scheme, but instead respondent No. 3 obtained an order from the Education Minister, U.P. Government dated 14 -9 -91 on the basis of which the impugned order dated 3 -1 -91 (Annexure 6) to the petition) has been passed by respondent No. 1 for holding elections to the Committee of Management of the institution in accordance with the order of the Sub -Divisional Magistrate dated 29 -10 -88. Aggrieved, the petitioner has filed this writ petition.
(3.) COUNTER and Rejoinder -Affidavits have been filed and I have heard learned counsel for the parties. In para. 5 of the counter -affidavit it is denied that any no confidence motion was passed against Vikarma Singh. The other allegations in the petition are also denied. The contention of learned counsel for the petitioner is that election to the committee of management have to be held in accordance with the new Scheme of Administration which came into force after the upgradation, and not on the basis of the order dated 29 -10 -88.;