V.K. Shukla, J. - (1.) At Katghar in District Moradabad, there is a Society registered under Societies Registration Act, 1860 which runs and manages an Educational Institution in the name and style of Phoolwati Devi Kanya Inter College. Said institution is governed as per the provisions as contained under U.P. Intermediate Education Act, 1921. Affairs of the aforementioned institution is to be run and managed strictly as per provisions as contained under the Scheme of Administration framed in exercise of power vested under Section 16-A of U.P. Intermediate Education Act, 1921. Provision of U.P. High School and Intermediate Colleges (Payment of Salary to Teachers and Other Employees) Act, 1971 are also applicable to the aforementioned institution. On 13.12.1983 amendment was proposed in the Scheme of Administration after introduction of Section 16-CCC of U.P. Intermediate Education Act, 1921. Said amendment was subject matter of challenge before this Court wherein said proposed amendment was stayed by this Court. Last undisputed election had been held on 6.6.1999 wherein one Gopal Singh Yadav had been elected as President and one Sunil Mohan Dubey as Manager alongwith other office bearer and members. Said elections were duly recognised. Civil Misc. Writ Petition No. 29219 of 1999 was filed before this Court questioning the validity of aforementioned election but same was dismissed with observations that against aforementioned recognition representation can be made before Joint Director of Education. Special Appeal preferred against the same also met with the same fate. Thereafter on 1.12.2002 fresh elections are alleged to have been held by out going Managing Committee and papers in respect to the same were got received on 2.12.2002. On same date another set of elections have been claimed to have been held wherein one Virendra Pal Singh was elected as Manager and Shyam Putt Dubey as Manager and papers in respect to this election also were got received in the officer of District Inspector of Schools on 7.1.2003. District Inspector of Schools on 7.1.2003 referred the matter for adjudication under Section 16-A(7) of U.P. Act No. 2 of 1921 and made various remarks in respect of the authority of holding of election and validity of election. District Inspector of Schools on 15.1.2003 passed order of single operation. Said order of single operation was subject matter of challenge in Civil Misc. Writ Petition No. 6019 of 2003. Said writ petition was dismissed on 3.2.2003 and concerned authority was directed to decide the disputed independently of the observations made by District Inspector of Schools. Joint Director of Education on 7.6.2003 declared both the elections to be illegal. Against the order passed by the Joint Director of Education two set of writ petitions were filed before this Court being Writ Petition No. 27554 of 2003 and 27560 of 2003 and this Court on 4.8.2003 allowed the aforementioned writ petitions and asked Regional Committee to decide the dispute. Thereafter on 29.9.2003 Joint Director of Education did not accord approval to the election which have been held and to the contrary passed order directing appointment of Prabandh Sanchalak. Said order dated 29.9.2003 is subject matter of challenge in Writ Petition No. 55052 of 2003 before this Court. This Court on 15.12.2003 passed following order which is being quoted below : "Learned Standing Counsel has accepted notice on behalf of respondents No. 1, 2 and 3. Issue notice to respondent No. 4. Each one of the respondents is granted six weeks' time to file counter affidavit. Two weeks time, thereafter is allowed to file rejoinder affidavit. List on 12.2.2004. Till the next date of listing operation of the order dated 29.9.2003 passed by respondent No. 2 (Annexure-8 to the writ petition) shall be kept in abeyance."
(2.) In between, it appears that on 11.12.2003, Deepak Dwivedi represented the matter before Joint Director of Education and Joint Director of Education passed order disapproving elections held by Deepak Dwivedi but mentioned that by virtue of being legal heir and dependent of Smt. Phoolwati Devi he be recognised as Manager. Further directives were issued that District Inspector of Schools, Moradabad shall get fresh election held under his supervision and further Deepak Dwivedi would extend all possible cooperation to the District Inspector of Schools in acceptance of documents and further mentioned that order of single operation shall continue. This order is subject matter of challenge in Civil Misc. Writ Petition No. 10753 of 2004. On the presentation of this writ petition, this Court on 18.3.2004, passed following order which is being quoted below : Learned Standing Counsel has accepted notice on behalf of opposite parties 1 to 3 and 5. Shri V.C. Mishra assisted by Shri Gopal Mishra has entered appearance on behalf of respondent No. 4. Each one of the respondents is granted a month's time to file counter affidavit. One week time is, thereafter, allowed for filing rejoinder affidavit. List this petition on 27.4.2004. Till the next date of listing, election pursuant to the orders dated 21.2.2004 and 28.2.2004, shall go on and the result of the same shall also be declared but the same shall not be implemented except with the leave of this Court.
(3.) Thereafter order dated 23.7.2004 has been communicated by the District Inspector of Schools addressed to Deepak Dwivedi mentioning therein that pursuant to decision of Mandaliya Samiti dated 19.6.2004 and consequential order dated 23.7.2004, passed by Joint Director of Education election which has held on 21.3.2003, in presence of District Inspector of Schools are found to be valid and said Committee will start functioning, after Civil Misc. Writ Petition No. 10753 of 2004, is decided. Further it has been directed that as per the provision as contained in Scheme of Administration, the Committee elected on 6.6.1999 be permitted to continue to function and further signature of Deepak Dwivedi is being attested by virtue of being dependent of Phoolwati Devi. At this juncture Civil Misc. Writ Petition No. 33601 of 2004 has been filed.;