- (1.) ARUN Tandon, J. Heard Sri Ajay Kumar Sharma, learned Counsel for the petitioners, Sri A. I. Naqvi, learned Counsel for the respondent No. 3 and learned Standing Counsel for the respondent Nos. 1 to 2.
(2.) COMMITTEE of Management of B. S. Inter College Sona, Arjunpur Saharanpur through its Manager has filed this writ petition against the order passed by the Regional Level COMMITTEE dated 23rd January, 2004 whereby it has disapproved the elections of the COMMITTEE of Management, which have taken place on 12th August, 2002. On behalf of the petitioner, it is contended that the aforesaid order of Regional Level Committee is based on misconception of fact and is unsustainable in the eyes of law inasmuch as the only reason assigned for disapproving the elections of the Committee of Management, is that the President and Vice President elected in the elections, which took place on 12th August, 2002, are real brothers. It is submitted that although two members of the Committee of Management cannot be related to each other in accordance with the scheme of administration of clause 5 (8), and in view of Section 16-CC read with IIIrd scheduled attached to the Intermediate Education Act, it may be.
(3.) HOWEVER, since one of the elected officer bearers i. e. the Vice President has resigned and is no more a member of Committee of Management as of date, there are no members related to each other in the Committee of Management. It is further submitted that even assuming, without admitting, that the election of the Vice President, who was real brother of the President was contrary to the scheme of the administration, it cannot be said that the entire elections of the Committee of Management are illegal.;