- (1.) MAHATMA Gandhi Inter College, Joniha, Fatehpur, (hereinafter referred to as the 'institution') is an aided institution, which is duly recognized under the provisions of U.P. Intermediate Education Act, 1921. There exists an approved scheme of administration for the institution. The institution has been established by a society registered under the provisions of the Societies Registration Act, 1860, known as Joniha Educational Society (hereinafter referred to as the 'society).
(2.) THE committee of management, according to its scheme of administration, has to be elected by the society from its own members, except ex -officio members and the general body of both society and institution is same. The term of elected office bearers for the institution is three years, whereas for the society, it is five years. Although the general body of the society and the institution was same, but separate claim of elections of the institution and society came to be raised. Two rival sets of elections were claimed, both in respect of society and the institution. One set of elections was claimed through Smt. Madhulima Chauhan, whereas the other faction was led by Sri Swamideen Tripathi. In respect of the committee of management of the institution, the dispute was referred for adjudication by the Regional Level Committee under the orders passed by this Court dated 14.12.2010 in Writ Petition No. 72443 of 2010. The Regional Level Committee after hearing the parties, vide its order dated 9.5.2011, came to the conclusion that the claim of Dr. Madhulima Chauhan was wholly baseless and it was consequently set aside. The Regional Level Committee found that the society has 31 undisputed members and elections of the committee of management of the institution is to be conducted only on the basis of these 31 members. It also held that Sri Swamideen Tripathi is entitled to continue till fresh elections are got conducted by the District Inspector of Schools, Fatehpur.
(3.) THE aforesaid order of the Regional Level Committee dated 9.5.2011 was challenged by the committee of management represented through Dr. Madhulima Chauhan by filing Writ Petition No. 30759 of 2011. This Court refused to interfere in the matter and the writ petition was dismissed on 25.5.2011 with following observations: - "Having gone through the order, it is apparent that it is based on evidence on record and it is also not denied that the contesting respondents are still managing the affairs of the institution. Accordingly, if the petitioner is aggrieved, he can challenge the said order or the election before the regular courts. In view of the aforesaid, no case for interference is made out. Rejected." Fresh elections, as per the order of the Regional Level Committee dated 9.5.2011, were conducted on 29th May, 2011, wherein Sri Swamideen Tripathi was again elected as Manager.;