Arun Tandon, J. - (1.) Heard Sri R.C. Dwivedi on behalf of the petitioner, learned Standing Counsel on behalf of respondent Nos. 1 to 3 and Sri Ratnesh Kumar Pandey on behalf of respondent No. 4.
(2.) Lok Shiksha Parishad, Patherwa, Kushinagar is Society duly registered under the Societies Registration Act. The said Society has established an Inter College in the name and style of Sri Nehru Inter College, Patherwan, Kushinagar. The institution is recognized under the provisions of the Intermediate Education Act.
(3.) According to petitioner, the term of the Committee of Management of the institution is 5 years. It is further contended that the elections for constituting the Committee of Management of the institution took place on 10th November, 1995, in which one Sri Sachchidanand Pathak-respondent No. 4 was elected as Manager. However, the said elections were never recognized by the educational authorities. The petitioner has referred to the minutes of the general body meeting dated 1st October, 2000, wherein it was resolved that the term of the Committee of Management has expired and request for appointing an election observer was made. The District Inspector of Schools, has refused to grant such permission and has postponed the elections which were scheduled to take place on 1st October, 2000. In such circumstances it was resolved that the office bearers of the Committee of Management, which were elected on 19.9.1995 may continue till the holding of the fresh elections. According to the petitioner since majority of the members were not satisfied with the aforesaid resolution, a meeting was separately held on 2nd October, 2000 and fresh elections of the Committee of Management of the institution took place on 2nd October, 2000, in which the petitioner No. 2 claims to have been elected as Manager. It is further submitted that all the papers in respect of the said elections were forwarded to the District Inspector of Schools vide letter dated 3rd October, 2000. However, no action whatsoever have been taken on the aforesaid papers so submitted by the petitioner.;