JUDGEMENT
Vineet Saran, J. -
(1.) The dispute in the present writ petition is with regard to the election of the Committee of Management of Janta Inter College, Bargawa Kuba, district Mirzapur. Briefly, the facts relevant for the decision of this case are that the Janta Inter College is a recognized Intermediate College and is receiving grant-in-aid from the State Government. In the year 1995, the elections of the Committee of Management were held in which petitioner No. 2, Mast Ram Singh was elected as Manager and his signatures were duly attested by the District Inspector of Schools on 9.1.1996. On completion of the term of three years, fresh elections were held on 21.6.1998 in which the petitioner No. 2 was again elected as Manager and his signatures were duly attested thereafter. The dispute in this writ petition is with regard to elections after completion of the term of three years from 1998.
(2.) The case of the petitioner is that the fresh elections were held on 24.6.2001, in which the petitioner No. 2 was again elected as Manager of the Committee of Management. However, the papers for recognizing the elections were forwarded from the office of the District Inspector of Schools, Mirzapur to the Regional Committee on 6.12.2001. After the Regional Joint Director of Education had asked the petitioners to supply the necessary information and documents, which were not fully supplied, the Regional Committee, on 2.1.2003, passed an order refusing to recognize the elections dated 24.6.2001 and directed appointment of an Authorized Controller. Aggrieved by the said order, the petitioners filed Writ Petition No. 2459 of 2003, which was disposed of on 31.7.2003 with the direction that since the matter had been decided by the Regional Committee without affording adequate opportunity of hearing to the petitioners, the said Committee may decide the matter afresh after affording such opportunity to the petitioners. Thereafter notices were issued by the Joint Director of Education to the petitioner as well as respondent No. 5, on whose complaint the dispute had arisen. Then by order dated 17.12.2003, the Regional Committee again, by a detailed reasoned order, refused to recognize the elections held on 24.6.2001 and again directed for appointment of an Authorized Controller, who was to hold the election of the Committee of Management afresh, within a period of three months. Aggrieved by the aforesaid order dated 17.12.2003, the petitioners have approached this Court with the prayer for quashing the same and also for a direction in the nature of mandamus commanding the respondents not to interfere in the affairs of the Committee of Management.
(3.) I have heard Sri N.C. Tripathi, learned counsel appearing for the petitioners, as well as learned Standing Counsel appearing for the State-respondents No. 1 to 4 and Sri Anil Bhushan, learned counsel appearing for the contesting respondent No. 5. Counter and rejoinder affidavits have been exchanged between the parties and with the consent of the learned counsel for the parties, this writ petition is being disposed of at the admission stage itself.;
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