- (1.) Krishna Kumari Singh and 11 others, who claim to be the members of the General Body of the Society namely, Jhallu Jeetlal Bal Kalyan Samiti, Mandhata, Pratapgarh, have filed this Special Appeal under Chapter VIII, Rule 5 of the Allahabad High Court Rules, 1952 against the judgment and order dated 17 October 2014 passed by a learned Judge of this Court by which Writ Petition No. 56462 of 2014 filed by the Committee of Management of Jhallu Jeetlal Bal Kalyan Samiti, Mandhata, Pratapgarh (the Institution) has been allowed with certain directions. The aforesaid writ petition was filed by the Committee of Management of the Institution through its Manager Ganga Prasad Kesharwani for quashing the order dated 1 October 2014 passed by the Joint Director of Education by which he had modified his earlier order dated 30 September 2014 and directed that the elections for constituting the Committee of Management of the Institution would be conducted by the Interim Committee constituted on 7 February 2014.
(2.) The election for constituting the Committee of Management of the Institution was earlier held on 25 April 2010. However, the post of Manager fell vacant and the election was not approved. The Scheme of Administration of the Institution provides that the term of the Committee of Management shall be of three years. It also provides in clause 8(2) that if the elections are not conducted within the aforesaid period of three years and one month, the Regional Director of Education will constitute an Interim Committee of three persons to work as President, Manager and Treasurer for a period of six months. This Interim Committee will not only manage the day-to-day affairs of the Institution but will also hold the elections for constituting the Committee of Management of the Institution.
(3.) As the elections were not held within the aforesaid period of three years and one month, the Joint Director of Education passed an order on 7 February 2014 constituting a three member Interim Committee for conducting elections. This Interim Committee, however, did not hold the elections within a period of six months and, therefore, the Joint Director of Education passed an order on 30 September 2014 directing the District Inspector of Schools to hold the elections on the basis of undisputed list of members in accordance with the Scheme of Administration of the Institution. Subsequently, this order dated 30 September 2014 was modified by the Joint Director of Education on 1 October 2014 and a direction was issued to the Interim Committee to hold the elections.;