- (1.) THE facts of this are astonishing. From the record it appears that no election has been held after 1999. This fact is undisputed as the petitioners are office bearers of the respondent No. 5, who is represented by Sri Sudhir Dixit, learned Advocate.
(2.) MY attention has been drawn to some of the communications issued from the office of District Inspector of Schools (for short, the "DIOS"). One such communication is brought as annexure -6 to the supplementary affidavit, wherein the DIOS has noted that in his office no record is available with respect of the last election of the Committee of Management and the term of committee of management has expired long back. There is one such another communication from the office of the DIOS dated 19th July, 2013 to the Associate DIOS (annexure -11 to the writ petition), whereby he has been appointed as an Enquiry Officer, to conduct an enquiry with respect of the allegations whether committee of management is comprised of the close relatives of the office bearers and family members and it is continuing on the basis of the fake election. It is stated at the bar that in pursuance of the said order, the Associate DIOS is yet to submit his report.
(3.) IT is an undisputed fact that after 1999 no election has been duly recognized. This fact is also established from the communication of the DIOS, wherein he has stated that no document is available in his office for the last any election of the Institution in question. From the record, it transpires that an Election Officer has been appointed to hold the fresh election, however the DIOS, vide a communication dated 28th December, 2013 (annexure -1 to the supplementary affidavit), has stayed the election on the ground that no electoral college has been determined so far, as the list of general body has not been received from the office of the Deputy Registrar, Firms, Societies and Chits, Agra, neither the membership of the general body has been countersigned by the DIOS.?;