D.P.Singh, J. - (1.) Pleadings are complete and, the counsel for the parties agree that the,petition may be finally disposed off under the Rules of the Court.
(2.) Heard counsel for the parties.
(3.) Following are the functional facts for the decision of this petition:- Sri Bapu Uchchatar Madhyamik Educational Society, Sohanpur in district Deoria is a duly registered society under the Societies Registration Act, 1860. It runs Sri Bapu Intermediate College, Sohanpur and is duly recognised and aided institution governed by the U.P. Intermediate Education Act, 1921. A Committee of Management of society elected in accordance with the scheme of administration manages the institution and the term is three years. Admittedly, Ganesh Prasad Barnwal, petitioner No. 2, was elected as Manager and Sri Pashupati Nath Pandey, was elected as President of the Committee of Management in the elections held on 24.8.2000. In the alleged no confidence meeting of the Committee of Management on 17.11.2002, Sri Burnwal was removed and Sri Markandey Chaubey was elected in his place. Difficulty in payment of salary to the teachers arose forcing the District Inspector of Schools to pass a single operation order dated 7.3.2003. After the enforcement of the said order, the petitioner challenged the single operation order through writ petition No. 34819 of 2003 and an order was passed that in case the order of single operation has not been acted upon, it shall remain stayed. It is not denied that by then the single operation had become effective. Subsequently, this writ petition was dismissed on 18.1.2004. The petitioner No. 2 alleges that vide letter dated 18.8.2003 he requested the District Inspector of Schools for appointment of an observer for the election scheduled for 7.9.2003. This letter was sent under certificate of posting. Sri Markandey Chaubey also sent a letter dated 20.7.2003 fixing 7.9.2003 as the date for election and demanded an observer. Both the parties alleged that their respective elections were held on 7.9.2003 and laid their claim for recognition. However, order dated 19.1.2004 the Joint Director recognised the respondent Committee of Management as the valid Committee having effective control over the affairs of the institution. This order was subjected to challenge in writ petition No. 8800 of 2004 which was allowed vide judgment and order dated 5.3.2004 quashing the aforesaid order on the ground that there were no reason given in the conclusion reached therein and remanded the matter to decide the rival claims afresh within three months. The Joint Director of Education by the impugned order dated 22.6.2004 has passed a detailed and exhausted order recognising the respondent Committee of Management.;