RAKESH TIWARI, J. - (1.) HEARD counsel for the petitioner and perused the record.
(2.) SHRI Langtoo Baba Intermediate College, Hariha Kalan, is a recognised institution managed by a registered society. It is governed by the U.P. Intermediate Education Act, 1921. The institution at present is being managed by the Prabandh Sanchalak (respondent No. 2). He was appointed by the Deputy Director of Education on 5.8.1991. While deciding the dispute of committee of management the Deputy Director also issued direction to the Prabandh Sanchalak to hold the elections of the committee of management within four months. Aggrieved by the aforesaid order of the Deputy Director of Education, the committee of management filed Writ Petition No. Nil of 1991, Committee of Management, Langtoo Baba Intermediate College and Ors. v. Deputy Director of Education, Vth Mandal, Varanasi. The writ petition was disposed of by this Court vide order and judgment dated 23.9.1991, with a direction to the Prabandh Sanchalak also to decide any dispute with regard to the membership of the society. The petitioner alleges that he is legally enrolled member of the General Body but the Prabandh Sanchalak without any notice or opportunity to him published the schedule of election on 8.5.1994 in the newspapers excluding his name and including the names of persons who were neither members of the general body nor had any concern with the institution. The petitioner made representation on 3.5.1994, on which the District Inspector of Schools passed order suspending the election sine die. The petitioner has made several representations to initiate the proceedings of election and to finalise the list of members of the General Body but no action has so far been taken on them by the respondents despite the directions of this Court.
(3.) ALMOST 12 years have passed since the last election of the General Body had been held and the Prabandh Sanchalak is enjoying his appointment as such and even counter -affidavit has not been filed despite notice.;