Arun Tandon, J. - (1.) HEARD Sri. N.C. Tripathi on behalf of the petitioner, Sri Ashok Misras on behalf of alleged elected Manager of the Committee of Management of Tyagi Inter College, Aianchwara, district Chitrakoot and learned Standing Counsel on behalf of respondents 1, 2 and 3. It is not necessary to call for counter affidavit from the respondents in view of the order proposed to the passed in the present writ petition.
(2.) THE petitioners who are three in number have tiled this writ petition for a writ of certiorari quashing the election programme published by the Prabandh Sanchalak, namely Sri Pushpendra Singh, Principal Government Inter College, Bargarh, district Chitrakoot, respondent No. 5, for the purposes of holding elections for constituting the Committee of Management for Tyagi Inter College. Aianchwara, district Chitrakoot. This Court while entertaining the writ petition on 28.6.2004 passed and order that the elections pursuant to the notice dated 23.6.2004 (Annexure 9 to the writ petition) may be held but the result of the election will not be declared. An application (C.M. Application No. 126805 of 2004) has been filed on behalf of the petitioner on 27th July, 2004 wherein it has been stated that despite the notice and knowledge of the orders dated 28.6.2004 passed by this Court the Prabandh Sanchalak has announced the results of the elections held on 29.6.2004. The elections which arc said to have taken place on 29.6.2004 are challenged by the petitioners through amendment on the following contentions : (a) The Prabandh Sanchalak was appointed in the institution under the order of the Regional Joint Director of Education dated 4.3.2004 for a period of 90 days only. Admittedly the Prabandh Sanchalak took charge on 23rd March, 2004 and therefore, his term came to an end on 22nd June, 2004. Therefore, no election could have been held by him after expiry of this term as Authorized Controller. (b) The Prabandh Sanchalak is a close relation of the members of the Committee of Management of the College. In this regard petitioners have brought on record copy of letter of District Inspector of Schools dated 18.6.2004 informing the Regional Joint Director of Education that the term of the Prabandh Sanchalak is coming to an end in near future and further it has been requested that because of the relationship between the Prabandh Sanchalak and the members of the Committee of Management of the Tyagi Inter College, Aianchwara, District Chitrakoot, it would be appropriate that some other person be appointed as Prabandh Sanchalak of the aforesaid College. (c) The Regional Joint Director, of Education has not acetic fairly in permitting the Authorized Controller, respondent No. 5, who is a close relation of Sri Dinesh Singh (the elected Manager) to continue despite repeated requests that the Prabandh Sanchalak, respondent No. 5, be not permitted to hold elections. (d) It has also been submitted that against the voters list published by the Prabandh Sanchalak the petitioners filed objections and the District Inspector of Schools by means of order dated 22.6.2004 required'the Prabandh Sanchalak to decide the said objections before holding the elections but without any opportunity of being heard to the petitioner and without communicating any orders to the petitioners the Parabandh Sanchalak decided the said objections to the voter list. (e) Petitioners have been held to be valid members under the judgment and order dated 12.2.2004 passed by the 1st Additional District Judge, Chitrakoot in Appeal No. 10 of 2001 and consequently they were entitled to participate in the elections held on 29.6.2004. They have been illegally debarred from participating in the said election by the Prabandh Sanchalak.
(3.) ON behalf of the elected Manager the said allegations made by the petitioners have been denied. It has been stated that the Prabandh Sanchalak had commenced the election process prior to expiry of his term and he completed the same after the expiry of his term and therefore, the elections held on 29.6.2004 cannot be faulted. The alleged relationship between the Prabandh Sanchalak and the members including the elected Manager of the Committee of Management is also denied. It is further stated that the objections filed by the petitioner against the voter list were decided by means of a reasoned order dated 23.6.2004 which has not been disclosed by the petitioners in the writ petition. Lastly it has been submitted that the order dated 12.2.2004 passed by the 1st Additional District Judge, Chitrakoot in Appeal No. 10 of 2001 has been recalled and therefore, the names of the petitioners were not included in the voter list by the Prabandh Sanchalak. The petitioners are outsiders and have no right to question the election or to maintain the writ petition.;