N.L.Ganguly - (1.) SINCE the dispute in both the cases relates to the election of the same Institution and by order dated 9-7 93, both the petitions were connected and directed to he heard together, hence I proceed to consider and note the facts of the writ petition no 14962 of 1990 (referred to as the Ist writ petition).
(2.) THE undisputed facts stated in the 1st writ petition are that last elections the committee of management of the aforesaid institution was held on 27- 7- 86. THE Committee constituted of Sri Ved Prakash Sharma and Sri Babu Singh as President and Manager thereof respectively. THE scheme of administration provides that the elected committee of management would hold office for three years. THE fresh election for the committee of management is to be held within one month after three years of the approved constituted committee of management. THE petitioner stated that the tenure of the elected office bearers of the committee of management elected in 1986 was to expire on 26-7-89. THE petitioner submitted that for various reasons, the election of the committee of management of the institution could not take place within the specified period of three years one month. However, it is said that the elected office bearers of the committee of management continued to function as legal committee of management even after 27-7-86. A letter dated 19-1-90 was sent to the manager of the committee of management by the District Inspector of Schools referring to the amended scheme of administration of the institution The D.I.O.S. called for an explanation as to why recommendations be not made to Dy. Director of Education for appointing a Prabandh Sanchalak for taking ' over the management of the institution. The petitioners stated that inspite of the said letter of the D.I.O.S., no action was taken for appointing a Prabandh Sanchalak and the D.I.O.S. continued to accept the salary bills etc. sent by the committee of management and its manager even July 1989 till March 1990. The petitioners stated that steps were taken for holding election. A request was made by the petitioner, for appointing an observer and the election programme was duly published in the news paper. It is said that the D.I.O.S. had informed by letter dated 5- 3-90 to the petitioners that matter was referred to the Dy. Director of Education for appointment of Prabandh Sanchalak according to the amended scheme of administration.
(3.) THE petitioners claim to have the elections conducted as per programme on 25-3-90 and the committee of management was duly constituted with Sri Braham Singh and Sri Babu Singh, petitioner as President and Manager, respectively. THE papers were forwarded to the D.I.O.S. for approval of the elected office bearers. THE Dy. Director of Education vide letter dated 13-2-90 directed the D.I.O.S. to secutinise the material before it regarding the election and the continuation of the committee of management as submitted by the petitioners on she basis of the election held on 25-3-90 A representation was made by the petitioner on 16-4-90 to the Dy. Director of Education about the approval of the elected office bearers but the D.I.O.S. in the mean time passed orders dated 24-4-90 exercising his powers under Section 5 (1) of the U. P. High School and Intermediate College (Payment of Salary to Teachers and other Employees) Act, 1971. THE petitioners said that the action of the D.I.O.S. was nothing but creating obstrucle in the smooth functiong of the committee of management of the petitioner. THE petitioner in the first writ petition prayed for issuing a writ of certiorari quashing the order dated 28-5-90 (Annexure 10) by which Prabandh . Sanchalak was appointed by the Dy. Director of Education with a direction that the Prabandh Sanchalak shall get the election conducted within three months. An application for impleadment was filed by Sri Anil Kumar Sharma with an affidavit who claimed himself a life member of the Society of the Institution. It was pleaded that the petitioner bed obtained an interim order from the court without impleading the necessary parties in the writ petition and was illegally occupying the office of the committee of management. Thus, a prayer was made that the said applicant be impleaded as opposite party to the writ petition. Counter and rejoinder affidavits have been filed on behalf of opposite parties originally impleaded as party in the writ petition. An application has been filed on behalf of the petitioners dated 2-8-93 praying to dispose of the application and the Writ petition no. 14962 of 1990 be dismissed as infructuous. In the affidavit accompanying the application for declaring the petition as infructuous, the petitioner stated that the last election of the committee of management had taken place on 27-7-86 and thereafter the election was held on 25.-3-90 The committee of management remained in effective control and was working and managing the affairs of the institution. The next election of the committee of management was also held within three years from 25-3-90 in accordance with the scheme of administration who are now actually managing the affairs of the committee of management. It was also said that the D.I.OS after due scrutiny recognized the newly elected office bearers of the committee of management of 19-3-90.;