Tarun Chatterjee, Vineet Saran, J. - (1.) This Special Appeal is the result of a spate of litigation between the rival factions of the Committee of Management of Mukarram Inter College, Pahasu, District Bulandshahr. The present appeal arises out of judgment and order dated 21.3.2003 passed by a learned single Judge in Writ Petition No. 9016 of 2003. The said writ petition was filed by the Committee of Management of the college through its Manager Rahat Azim for quashing the order dated 15.2.2003 passed by respondent No. 1, Regional Level Committee and the consequential order dated 18.2.2003 passed by District Inspector of Schools, Bulandshahr. By the said order dated 15.2.2003 the Regional Level Committee held that the election of the Committee of Management dated 9.1.2000 in which writ petitioner Rahat Azim was elected as Manager of the Committee of Management was illegal, and recognised the election of the Committee of Management held on 14.9.2001 in which appellant Shafiullah Khan was elected as Manager of the college.
(2.) The facts in brief relevant for the decision of this appeal are that in an election of the Committee of Management of the college held on 21.7.1996, the respondent No. 6 herein (writ petitioner) Rahat Azim was elected as Manager and one Mohd. Rafique as President. The said election was recognised by the District Inspector of Schools vide his order dated 2.8.1996. Shafiullah Khan challenged the aforesaid election in Writ Petition No. 12763 of 1997, Another Writ Petition No. 34822 of 1998 was filed claiming rights on the basis of the election alleged to have been held on 13.9.1998. The said writ petition was disposed of on 29.10.1998 with a direction to the District Inspector of Schools to decide the dispute. On 3.3.1999 the District Inspector of Schools rejected the claim of Shafiullah Khan and also held that the elections of the Committee of Management dated 21.7.1996 were valid. The said order of the District Inspector of Schools was again challenged by Shafiullah Khan in Writ Petition No. 19327 of 1999. While refusing to interfere with the order of the District Inspector of Schools, this Court on 11.5.1999 disposed of the writ petition with the observation that since the term of the Committee of Management was of three years which was to expire on 21.7.1999, hence the District Inspector of Schools was to ensure that fresh elections were held. However, Special Appeal No. 525 of 1999 was preferred against the aforesaid order in which, by an interim order dated 12.7.1999, the order dated 11.5.1999 passed by the learned single Judge was stayed. However, prior to the passing of the order of the learned single Judge, the scheme of administration had been amended by the committee of management, and by a resolution of the committee of management, the term was extended from three to five years. The said resolution had also been approved by the Joint Director of Education on 25.8.1998. Thereafter on 14.11.1999, the scheme of administration had again been amended by which it was provided that if two-third of the office bearers of the Committee of Management resigned or two-third of its members passed a resolution, then mid term election could be held. In pursuance of the aforesaid amendment in the scheme of administration, fresh elections of the Committee of Management were held on 9.1.2000 in which writ petitioner Rahat Azim was elected as Manager of the committee of management. The said elections held on 9.1.2000 were duly recognised by the District Inspector of Schools vide his order dated 24.1.2000.
(3.) Challenging the said elections, Shafiullah Khan filed Writ Petition No. 12772 of 2002. Another Writ Petition No. 40174 of 2001 had also been filed claiming that after the expiry of term of five years another election had been held on 14.9.2001 and the same be recognised. Both these writ petitions were dismissed as withdrawn on 1.5.2002.;