ASHWANI KUMAR MISHRA, J. - (1.) BOTH the writ petitions arise out of the election dispute relating to committee of management of same institution, though for different periods and have therefore been heard together. With the consent of learned counsel for the parties, the writ petitions are being finally decided by this common judgment.
(2.) THERE is a recognized and aided institution in the name of Sunhari Lal Bal Mukund Inter College, Dhanauri Kala, District Gautam Budh Nagar, (hereinafter referred to as 'institution') imparting education upto intermediate level, which has its own Scheme of Administration (hereinafter referred to as 'scheme') providing the term of office bearers as three years and one month. The election of committee of management of the institution dated 16.9.2004 was recognized by the Regional Level Committee (hereinafter referred to as 'Regional Committee') on 31.12.2004 and a consequential communication was issued granting recognition to petitioner committee by the District Inspector of Schools (hereinafter referred to as 'inspector') on 7.1.2005. It appears that a writ petition no.32131 of 2005 was filed by one Sri Jagdish Prasad Sharma, claiming himself to be a life member, challenging the recognition, wherein no interim protection was granted and ultimately the writ petition was dismissed as having become infructuous on 4.8.2009. As per the scheme, the term of office bearers was to continue till 15.10.2007. The duly recognized committee of management resorted to initiate steps for holding of fresh election in its meeting convened on 28.6.2007. The petitioner sought due permission and cooperation from the inspector for holding of election but all such attempts failed to elicit any response. An election officer was thus appointed on 15.7.2007. The petitioner committee alleges to have sent repeated letters to the educational authorities for their information and for necessary action warranted at their end under the scheme of administration. However, no observer was sent by the inspector. The petitioner committee, therefore, proceeded to hold the elections on 17.10.2007. Papers were thereafter sent for grant of recognition to the inspector. The Joint Director of Education, however, proceeded to pass an order on 8.1.2008, on the basis of recommendation of the inspector dated 4.1.2008, holding that the term of the outgoing committee had expired, and therefore, an authorized controller was appointed for holding of fresh election. This order of Joint Director of Education dated 8.1.2008 came to be challenged by the petitioner by filing writ petition no.3328 of 2008, in which an interim order was granted.
(3.) SRI Jagdish Prasad Sharma filed an application for recall, stay vacation and also sought impleadment as party in the writ petition no.3328 of 2008 on the ground that he is life member of the society and that the elections of the petitioner committee was contrary to the scheme. The petitioner, however, challenged the locus of Sri Jagdish Prasad Sharma by terming him as busy body and that he has no locus to oppose the election. This Court proceeded to reject the impleadment application by observing that Sri Jagdish Prasad Sharma has no locus -standi to oppose the writ petition. The writ petition no. 3328 of 2008 was allowed on 4.8.2009 with following directions: - "In view of the aforesaid, the Court is of the opinion that the Regional Committee committed an error in holding that the election held by the outgoing Committee of Management was illegal because the term of the said Committee of Management had expired. Consequently, the impugned order cannot be sustained. There is another aspect of the matter. In paragraph 19 of the writ petition, it has been specifically alleged that no opportunity of hearing was provided to the petitioners. The District Inspector of Schools has filed the counter affidavit on behalf of the respondent Nos. 1 and 2, and in paragraph 14 of the counter affidavit, it has been stated that an opportunity of hearing was provided by the District Inspector of Schools. The impugned order was passed by the Regional Committee. Opportunity of hearing was required to be given by the Regional Committee and not by the District Inspector of Schools. Therefore, on the ground of violation of the principles of natural justice, the impugned order also cannot be sustained. In view of the aforesaid, the impugned order is quashed and the writ petition is allowed. The Regional Committee is directed to pass a fresh order, after considering all aspects of the matter, and after giving opportunity of hearing to all the interested parties concerned, within three months from the date of the production of a certified copy of this order. " The aforesaid judgment has been challenged by filing special appeal no.1296 of 2009, which remains pending without any relief granted to Sri Jagdish Prasad Sharma therein.;