Vijay Bahuguna, J. - (1.) By means of the present writ petition under Article 226 of the Constitution the petitioners challenge the validity of the order dated 28-9-1992 passed by the District Inspector of Schools, Banda, recognising the elections of the Committee of Management of Shri Tulsi Inter College, Rajapur, Districr Banda which was held on 23rd July, 1991. In the said election Shri Shiv Mishra is said to have been elected as the Manager. The dispute had come to this Court earlier and in Writ Petition No. 23144 of 1992, decided on 11th August, 1992, this Court issued a direction to the District Inspector of Schools to pass a fresh order and satisfy himself that the elections were held in accordance with the Scheme of Administration of the College.
(2.) The District Inspector of Schools has held that the elections which were held on 23rd July, 1991, were in accordance with the Scheme of Administration and as such he has recognised the elections in which Shri Shiv Narain Mishra was elected as Manager.
(3.) The relevant facts are that the elections of the Committee of Management were scheduled to be held on the 23rd of July, 1991. However, on the 22nd of July, 1991 the District inspector of Schools passed an order directing the Returning Officer to postpone the elections and accordingly a notice to this effect was sent by Authorised Controller and the Principal of the College to the voters. However, the Returning Officer in total disregard of the order passed by the District Inspector of Schools held the elections. Under Clause 9 (4) of the Scheme of Administration the District Inspector of Schools is empowered to send an observer to conduct the elections. The District Inspector of Schools had not accepted the elections held on 23rd July, 1991 as it was in total disregard of the order passed by him on 22nd July, 1991.;