ARUN TANDON, J. - (1.) HEARD Sri Rakesh Bhadur, Advocate in support of Recall Application No. 11400 of 2004 filed on behalf of Sri Mukul Kumar Pandey, respondent No. 6 to the writ petition, Sri A.P. Tiwari, learned Counsel for the petitioner in opposition to the said recall application and learned Standing Counsel for the respondent No. 1 to 3.
(2.) SRI Jagdamba Mani Tripathi claiming himself to be the Manager of the Committee of Management of Lal Bahadur Shashtri Uchchttar Madhyamik Vidyalaya, Rakhukhor, District, Gorakhpur filed present writ petition with the following prayers: (1) To issue a writ, order or direction in the nature of Mandamus commanding the Respondents 3 to 5 not to hold Election of the Committee of Management of Sri Lal Bahadur Shashtri Uchchttar Madhyamik Vidyalaya, Rakhukhor, Gorakhpur so long the dispute pertaining to valid members are not resolved by this Hon'ble Court in Civil Misc. Writ Petition No. 6820 of 2002 filed by the Respondent No. 6. (2) To issue a writ order or direction in the nature of Mandamus commanding the Respondents 3 to 5 to hold Election of the Committee of Management only after obtaining the list of valid members of the General Body from the Registrar Societies, Gorakhpur. (3) To issue a writ, order or direction in the nature of Mandamus Commanding the Respondent No. 3 to consider and decide Representations dated 1 -12 -2004 and 2 -12 -2004 by passing a reasoned and speaking order and so long the Representations of the Petitioners are not decided by the District Inspector of Schools, Gorakhpur then no election of the Committee of Management of the aforesaid school be held by the Respondents 3 to 5. (4) To issue any such other and further suitable writ order in favour of the petitioner for which this Hon'ble Court may deem just and proper and for which the petitioner may be entitled under law. (5) To award the petitioner with the costs of this writ petition. From the contents of the writ petition as well as the prayer so made by the petitioner, it is apparently clear that the only contention raised on behalf of the petitioner, was that the dispute with regard to the validity of the members of the general body of the society was pending adjudication before this Court in Civil Misc. Writ Petition No. 6820 of 2002, which is still pending and therefore, unless and until the said writ petition is finally decided, no valid elections for constituting the Committee of Management of the Institution can take place. The learned Counsel for the petitioner confined his contention at the time the present writ petition was taken up as a fresh matter before this Court only to the aforesaid aspect. This Court in the facts of the case without calling for counter -affidavit disposed of the present writ petition by means of the judgment and order dated 8th December, 2004, which is quoted herein below: Heard Sri A.P. Tiwari, learned Counsel for the petitioner and Sri Piyush Shukla, learned Standing Counsel for the respondent Nos. 1 to 3. Lal Bahadur Shashtri Uchchttar Madhyamik Vidyalaya Rakhukhor, District Gorakhpur is an aided and recognised institution under the provisions of Intermediate Education Act. The said institution is run and managed in accordance with the approved scheme of administration. Sri Jagdamba Mani Tripathi, the petitioner, who claims himself to be the member of the general body, which constitutes the Committee of Management of the institution, has filed this petition for a writ of mandamus directing the respondent authorities, not to permit the holding of fresh elections for constituting the new Committee of Management of the institution. It is submitted on behalf of the petitioner that there is a Prabandh Sanchalak, who is working in the institution and under orders of the Educational Authorities, he proceeds to hold fresh elections of the Committee of Management. A dispute with regard to the validity of the members of the general body was raised and at present is subject matter of consideration before this Court in Civil Misc. Writ. Petition No. 6820 of 2002 wherein an interim order has been granted. According to the petitioner so long as the said writ petition is not finally decided and the issue of membership is not finally resolved by this Court, the question for holding fresh election of the Committee of Management does not arise. The contention so raised by the petitioner and is not justified in as much as admittedly in writ petition No. 6820 of 2002 an interim order has been granted by this Court, which is still admittedly in operation. The interim order of this Court has to be complied with by the authorities. The order of this Court has not retrained the holding of fresh elections in any manner. It is, therefore, provided that if the petitioner is aggrieved in any manner with the electoral college finalised for holding fresh elections, it will be open to him to file his objections within one week from the date the fresh elections are so held before the Regional Joint Director of Education, VII Region, Gorakhpur. The Regional Joint Director of Education, VII Region, Gorakhpur shall transmit the aforesaid objections along with the relevant papers of elections to the Regional Level Committee constituted under the Government Order dated 19th December,2004. The Regional Level Committee shall consider the objections filed by the petitioner while considering the legality or other wise of the elections, which are scheduled to take place, in accordance with law by means of a reasoned speaking order. The Regional Level Committee shall afford opportunity of hearing to the parties concerned. The aforesaid exercise may be completed by the Regional Level Committee within two months from the date the papers are so received. It is needless to point out that the elected office bearers can be handed over charge of the institution only after elections are approved by the Regional Level Committee. With the aforesaid observations, the present writ petition is disposed of finally. 08 -12 -2004 Sushil/ -
(3.) THE present application has been filed by Sri Mukul Kumar Pandey in his capacity as Manager of the Committee of Management for recall of the aforesaid order mainly on the ground that the petitioner has deliberately suppressed material facts from this Court for the purposes of obtaining the aforesaid order. It is further contended that in garb of the order passed by this Court the petitioner, Jagdamba Mani Tripathi want to reopen a controversy again with regard to the dispute of membership of the general body which constitutes the Committee of Management of the institution, although, (as would be noticed hereunder), the said dispute has been settled after hearing the parties concerned. The petitioner, Jagdamba Mani Tripathi has not been fair to this Court, he has deliberately suppressed various orders passed in writ petitions filed by the parties including special appeal. It is, therefore, submitted that the Court may not come to the rescue of the such petitioner and the order passed in the present writ petition dated 8th December, 2004 be recalled and the present writ petition be dismissed with exceptional costs.;