- (1.) This writ petition is directed against the order of Distt. Basic Shiksha Adhikari, Saharanpur, the Respondent No. 1 recognising Sri Ratneshwar Singh, the Respondent No. 2 as duly elected Manager of Kalgidhar Kanya Junior High School, Gurudwara Shardanagar, Saharanpur.
(2.) The dispute is between the two rival Committees of Management. There is a Society known as Kalgidhar Shiksha Prasar Samiti Gurudwara Shardanagar, Saharanpur. It is registered under the Societies Registration Act. The Society had established the Kalgidhar Kanya Junior High School (hereinafter referred to as the School). This school is recognised by Distt. Basic Shiksha Adhikari, Saharanpur and it is governed by provisions of U.P. Basic Education Act, 1972.
(3.) The claim of the Petitioners is based on an election alleged to have taken place on 10-3-91 on which date the members of the Committee of Management and their office bearers were elected by the General Body of the Society. Smt. Jasbir Kaur was elected as a president and Smt. Harkirat Kaur Sihghpuriya, the Petitioner No. 2 was elected as the Manager. The information regarding the election alleged to be held on 10-3-91 was transmitted to the Distt. Basic Shiksha Adhikari, Saharanpur, the Respondent No. 1. Subsequently, by letter dated 4-2-92 the president Smt. Jasbir Kaur resigned. Sri Mahendra Taneja was elected as a president of the Committee of Management on 15-3-92. The information regarding the filling of the vacancy of the post of the President of the Committee of Management by the election of Sri Taneja was also given to the Distt. Basic Shiksha Adhikari who received the papers on 9-4-92. The school was allowed grant-in-aid in March 1992 w.e.f. March 1991. Thereafter, it became necessary to open a joint account in a Nationalised Bank. Accordingly, the Distt. Basic Shiksha Adhikari attested the signature of Petitioner No. 2 as Manager and sent information to the Manager, Punjab National Bank for opening a Current Account in the name of the Petitioner No. 2 and the Accounts Officer, Basic Shiksha Parishad, Saharanpur. The signature of the Petitioner No. 2 was attested and was sent to the bank on 8-5-92. The Petitioner No. 2 came to know that the Respondent No. 1 issued an order on 30-6-92 recognising Sri Rameshwar Singh, the Respondent No. 2 as President and Sri Darshan Singh as Manager of the School. This order has been challenged on various grounds.;