- (1.) ARUN Tandon, J. Heard Sri S. D. Shukla, learned counsel for the petitioners, Sri Y. K. Saxena, learned counsel for the respondent No. 5 and learned Standing Counsel for the State-respondents.
(2.) COMMITTEE of Management of Janta Inter College, Navner, through its alleged Manager, Sri Bhujbeer Singh has filed this writ petition against the order passed by the Regional Joint Director of Education, Agra Region, Agra, 23rd January, 2004 whereby he has directed that the term of the COMMITTEE of Management has since expired and as such fresh elections are required to be held in accordance with the approved scheme of administration. For the said purpose the Regional Joint Director of Education under the impugned order has directed the District Inspector of Schools to issue orders to the recognized President of the valid society to hold fresh elections of the COMMITTEE of Management in accordance with the approved scheme of administration within three months. Petitioner is aggrieved by a part of the order of Regional Joint Director of Education, whereby it is directed that the District Inspector of Schools shall issue orders to the recognized President of the valid society to hold fresh elections. There is no quarrel with regard to the directions issued by the District Inspector of Schools that the fresh elections are required to be taken place in accordance with the scheme of administration. It is contended on behalf of the petitioner that the finding recorded by the Regional Joint Director of Education in the impugned order to the effect that under order of this Court dated 21st January, 1997 passed in writ petition No. 2676 of 1997 read with the order dated 28th August,2003 and that passed in Writ Petition No, 37510 of 2003 (Committee of Management and another v. State of U. P. and others), the appointment of the Prabandh Sanchalak in the institution cannot be accepted, is factually in correct and is based on misreading of order passed by this Court, the orders passed by this Court referred to above are enclosed as Annexure Nos. 7 and 14 to the writ petition.
(3.) IT is further submitted that in any view of the matter once the term of the Committee of Management has expired and under the provisions of scheme of administration there being no provision for continuance of the Committee of Management or of the office bearers, till successors are elected, fresh elections in such circumstances, are necessarily to be held under the supervision of an independent authority and the directions that the fresh elections may be held by the President of the recognized society is totally uncalled for and, runs contrary to the provisions of scheme of administration. It is contended by Sri Y. K. Saxena, Advocate on behalf of the respondent that this Court on 27th January,1997 had stayed the order passed by the District Inspector of Schools dated 8th January, 1997 whereby a Prabandh Sanchalak was appointed in the institution. Since the said interim order is still in operation. There is no question of Prabandh Sanchalak being appointed in the institution and therefore, the Regional Joint Director of Education had rightly directed that the fresh elections may be held by the President of the society. A dispute with regard to the name of the parent society and its registration has also been raised by the respondents, in support of contention that the petitioner is not even a member of the society, which is registered under the Societies Registration Act and as such writ petition is at the behest of petitioner is not maintainable.;