D.P.Singh, J. - (1.) Heard counsel for the parties.
(2.) Adarsh Inter College, Narhi in district Ballia is a duly recognized institution imparting education upto Intermediate level but receives grant from the State only upto High School Level. The affairs of the institution are managed in accordance with a duly approved Scheme of Administration. The last undisputed election of the Committee of Management was held on 25.8.1997 wherein Shri H.N. Rai was elected Manager and Shri C.M. Rai as Deputy Manager. On the expiry of the term, an alleged election was again held on 25.9.2000 wherein Shri Kaushlesh Rai was elected as President while Shri C.M. Rai was elected as Manager. As Shri H.N. Rai also claimed his own election, the District Inspector of Schools finding rival claimants, referred the matter to the Joint Director of Education under Section 16-A (7) of the U.P. Intermediate Education Act. The Joint Director vide his order dated 29.9.2001 up held the claim of Shri C.M. Rai in pursuance whereof his signatures were attested on 1.10.2001. Shri H.N. Rai challenged the aforesaid decision in writ petition No. 3139 of 2001 before the Lucknow Bench and obtained an order dated 29.10.2001 staying the operation of the order of the Joint Director dated 29.9.2001. The learned Single Judge further directed the District Inspector of Schools to forward all papers regarding the elections to the Director of Secondary Education Lucknow who was to consider the dispute between the rival committees and was to pronounce his verdict within two months. It further directed that the District Magistrate or his nominee shall look after day to day functioning of the institution. Shri C.M. Rai preferred Special Appeal No. 440 of 2001 wherein the Division Bench vide its order dated 24.11.2001 stayed the aforesaid order of the learned Single Judge dated 29.10.2001. This order of the Special Appellate Bench was challenged by Shri H.N. Rai before the Apex Court, which directed both, the Division Bench and the learned Single Judge, to dispose off the petition expeditiously. In pursuance of the orders of the Apex Court, the Special Appeal no 440 of 2001 was finally disposed off on 18.11.2002 with the hope that the learned Single Judge will decide the writ petition itself at an early date and the interim order was directed to continue only for four weeks. It appears that the writ petition is still pending and has not been finally disposed off and the order dated 29.9 2001 of the learned Single Judge remains in operation. Meanwhile, the term again came to expire and as such Shri C.M. Rai, claiming to be in effective control of the affairs of the institution sought permission of the District Inspector of Schools to hold the elections who vide his order dated 15.6.2004 permitted them to hold the elections and also to notify the programme. This permission of the District Inspector of Schools was again challenged by Shri H.N. Rai in wit petition no 3528 of 2004 before the Lucknow Bench. This writ petition was finally disposed off vide a detailed order dated 13.8.2004 with a direction that the election should be conducted under the supervision of the District Magistrate, Ballia or any officer authorized by him but not below the rank of Additional District Magistrate. It appears that before the order could be served on the District Inspector of Schools, the elections as scheduled were held on 14.8.2004 wherein Shri C.M. Rai was elected as the Manager. The petitioner No. 2 also raised his claim stating that ho had been elected as Manager of the Institution and, thus, the District Inspector of Schools again referred the matter as two rival committees had been formed to the Regional Committee under Section 16-A (7) of the Act. The claim of Shri C.M. Rai was accepted by the Committee vide its order dated 15.9.2004, which is impugned in the present petition.
(3.) Shri M.D. Singh Shekhar, learned counsel for the respondent Nos. 5 and 6 has raised a preliminary objection that the writ petition is not maintainable because neither the petitioner No. (sic) is a recognized Committee of Management nor petitioner No. 2 is the Manager thereof. It is not denied that the petitioner No. 2 had raised a claim of being the Manager of the Committee of Management and the claim has also been adjudicated upon by the Joint Director of Education, who, though has rejected his claim but on this ground it cannot be said that the petition is not maintainable. Further, it is not denied that the petitioner No. 2 is at least a member of the general body of the society, thus, suffice it to say that the petitioner No. 2 is not a stranger to the dispute. Thus, the preliminary objection is hereby overruled.;