- (1.) These four writ petitions pertain to the constitution of the Committee of Management of Shri Girija Shankak Tiwari Inter College, Neebhapur, Jaunpur and its elections held from time to time. All these writ petitions have, therefore, been clubbed together and are being decided by means of this common judgment and order.
(2.) I have heard Shri G.K.Singh, Advocate on behalf of faction lead by Shri Prakash Tiwari, Shri P.N.Saxena, Senior Advocate assisted by Shri Amit Saxena, Advocate on behalf of the faction lead by Shri Hari Shankar Tewari and Shri R.P.Shukla, Advocate on behalf of faction lead by Shri Santosh Kumar Tewari and the Standing Counsel for the State respondents.
(3.) The facts as are borne out from the records of these petitions are as follows : Shri Girja Shankar Tiwari Inter College, Neebhapur, Jaunpur is a recognized Intermediate College. It has its own approved scheme of administration. Elections for the Committee of Management of the institution took place on 23.01.2000. These elections were approved and are undisputed. In the said elections, Sheetla Prasad Dubey was elected as the President and Gauri Shankar Tiwari was elected as the Manager. Gauri Shankar Tiwari expired on 25.07.2002. One Hari Shankar Tiwari s/o. Jhagdu (herein after referred to as Hari Shankar Tiwari (I) claimed that he was the elected Deputy Manager, therefore, he became entitled to function as the Manager for the remaining term. Shri Prakash Tiwari claimed that he has been enrolled as a valid member of the general body on 21.08.2001 and after the death of Gauri Shankar Tiwari in 2002, he has been elected as the Manager for remaining term of the Committee of Management.;