S.C. Verma, J. - (1.) ALL these writ petitions are being disposed of together as the subject matter of dispute relates to the election of office bearers and effective control of the Committee of Management of the same Institution between the same parties. The learned Counsel for the parties have no objections for the disposal of the above writ petitions as the dispute relating to the election of the office bearers and the effective control of the Committee of Management of the Institution which was directed to be resolved by the Deputy Director of Education, D.D.E. for short by the order dated 1 -1.1 -91 of this Court has now been decided by order dated 25 -1 -1992.
(2.) THE Institution Mahatma Gandhi Inter College, Madhpura, hereinafter referred to as the Institution, is a recognised Institution under the provisions of the Intermediate Education Act, hereinafter referred to as the Act, and is managed under the Scheme of Administration. The undisputed elections of the Committee of Management were held on 21 -8 -1988 in which Sri Vishun Chandra Tiwari was elected as the President and Smt. Mira Agnihotri as the Manager. Two sets of rival Committee of Management claimed their elections to be held one on 22 -9 -1991 in which one Sri Suresh Narain Shukla claimed to be elected as President and Sri Sarvendra Kumar Avasthi as the Manager. In the other election held on 19 -9 -1991 Sri Vishun Chandra Tiwari was elected as President and Smt. Mira Agnihotri as the Manager. In Writ Petition No. 29934 of 1991, the Committee of Management of the Institution through Sri Sarvendra Kumar Avasthi as the Manager prayed for quashing the attestation of signatures dated 21 -9 -1991 passed by the District Inspector of Schools, D.I.O.S. for short, in favour of Smt. Mira Agnihotri as the Manager of the Institution. An interim order dated 10 -10 -1991 was passed which is quoted below: Issue Notice Until further orders of this Court, the respondents are restrained from interfering in the Petitioners functioning as the Committee of Management of M.G. Inter College, Madhpura, district Farrukhabad.
(3.) IN Writ Petition No. 31739 of 1991. the Committee of Management of Institution through the Manager, Smt. Mira Agnihotri prayed for quashing the order dated 3 -10 -1991 by which the D.I.O.S. had attested the signatures of Sarvendra Kumar Avasthi. This Court passed the following order on 1 -11 -1991: Heard Sri G.C. Dwivedi, learned Senior Counsel appearing for the Petitioner and Sri Ashok Khare learned Counsel appearing for the Respondent No. 3. After hearing learned Counsel for the parties, I am of the opinion that the order dated 30 -10 -1991 passed by the District Inspector of Schools recognizing the signature of the Respondent No. 3 should be stayed as it was never intended by order of this Court dated 10 -10 -91 that the signature of the Respondent No. 2 should be attested. From a perusal of the letter dated 30 -9 -91 sent by the Deputy Director of Education, Kanpur to the District Inspector of Schools, Farrukhabad, copy of which has been filed as Annexure -11 to the writ petition, it appears that in view of the letter dated 23 -9 -91 and 28 -9 -91 sent by the District Inspector of Schools to the Deputy Director of Education, the Director of Education has stated that in case the District Inspector of Schools feels that the two rival Committee of Management have staked their claim for managing of the affairs of the Committee of Management of the Institution, he may refer the dispute to the Deputy Director of Education as contemplated under Section 16 -A(7) of the Intermediate Education Act within a period of 15 days. The Deputy Director of Education will decide the dispute within a period of two months from the date of receipt of the reference by the District Inspector of Schools, During the pendency of the dispute before the Deputy Director of Education, he should pass suitable orders for managing the affairs of the Committee of Management of the Institution;