- (1.) Heard Sri Ashok Khare, learned senior counsel, assisted by Sri Uma Nath Pandey, for the petitioners; learned Standing Counsel for the respondents 1, 2 and 3; and Sri R.K. Ojha, learned senior counsel, assisted by Sri Ashish Kumar Ojha and Sri R.P. Mishra for the respondents 4 and 5.
(2.) In view of the nature of controversy involved and the order that is being passed, the learned counsel for the respondents do not propose to file counter-affidavit and have agreed for disposal of the writ petition at this stage itself.
(3.) The relevant facts of the case are that in respect of Jai Kisan Inter College, Basti (hereinafter referred to as the institution), which is a recognized and aided institution governed by the provisions of U.P. Intermediate Education Act, 1921 (hereinafter referred to as the Act, 1921) as also the provisions of Act No. 24 of 1971, there had been a series of litigation relating to the management of the institution. The last undisputed election of the Management Committee was held on 06.01.2002 in which Ram Achal Mishra was elected as Manager, whose signature was attested by the District Inspector of Schools, Basti (hereinafter referred to as the DIOS). Ram Achal Mishra, however, expired on 23.07.2004 and for the remaining term i.e. up to 05.01.2005, signature of Pankaj Kumar Mishra was attested vide order dated 07.09.2004. Thereafter, as the term of the Committee had expired, on 20.01.2005, the DIOS directed single operation of the account of the institution. The said order was challenged by Pankaj Kumar Mishra, vide Writ C No. 7486 of 2005, taking a ground that under the Scheme of Administration there was a grace period of six months for the outgoing Committee to continue. It appears that in the said petition, initially, an interim order was passed but, thereafter, vide order dated 07.07.2005, Writ C No. 7486 of 2005 was dismissed with a direction to the Regional Joint Director of Education (hereinafter referred to as the Joint Director) to appoint an independent Election Officer for getting fresh elections of the Committee of Management held. It was provided that the Election Officer so appointed would publish a tentative list of members of the General Body entitled to participate in the elections so as to invite objections thereon and, thereafter, would proceed to decide the objections by a reasoned order before finalizing the electoral college. It was further provided that the elections would be held strictly in accordance with law as well as the approved Scheme of Administration.;