- (1.) This Special Appeal has been filed by the Committee of Management of the Bahudhandhi Inter College, Sonahita, Jaunpur, and another against the judgment and order dated 9.2.2005 passed by this Court in Writ Petition No. 27005 of 2004.
(2.) Two separate sets of elections are said to have been held on 28th September, 2003. Through one set, Dukhi Shukla claims to be the Manager while through the other set Sri Nanhkoo Ram Yadav claims to be the Manager. The matter relating to the recognition of these rival Committee of Managements, said to have been elected on 28th September, 2003, came up for consideration before the Regional Level Committee constituted under the Government Order dated 19th December, 2000. The Joint Director of Education by his order dated 23rd June, 2004 directed that since the aforesaid two elections were not held in accordance with the Scheme of Administration and that the tenure of the earlier Committee of Management elected in the year 2000 came to an end after a period of three years and one month, fresh elections should be held under the amended Scheme of Administration by the Authorised Controller. Two writ petitions being Writ Petition No. 27005 of 2004 and Writ Petition No. 27466 of 2004 were filed by the Committee of Management of the College through Dukhi Shukla as Manager and through Nanhkoo Ram Yadav as Manager respectively. Both these writ petitions were dismissed by the learned Judge. This Special Appeal has been filed by the Committee of Management through Dukhi Shukla against the judgment and order of the learned Judge.
(3.) Bahudhandhi Inter College, Sonahita, Jaunpur, (hereinafter referred to as 'the College') is an institution governed by the provisions of the U.P. Intermediate Education Act, 1921 (hereinafter referred to as 'the Act'). Even prior to the holding of the elections on 28th September. 2003 in which two rival Committee of Managements have set up their claims, there was a dispute in respect of the earlier elections held on 27th August, 2000 in which both Dukhi Shukla and Nanhkoo Ram Yadav claim to have been elected as Managers. The Joint Director of Education by his order dated 6th February, 2003 did not recognise the elections held on 27th August, 2004. This order dated 6th February, 2003 was challenged by Nanhkoo Ram Yadav in Writ Petition No. 9489 of 2003 in which an order was passed by this Court on 24th April, 2003 that affidavits may be exchanged and the petition may be listed in the second week of July, 2003. It was further ordered that if the election is held, the same would abide by the final result of the writ petition. In the meantime, an order dated 29th September, 2003 was passed by the Joint Director of Education/District Inspector of School, Jaunpur, staying the permission granted earlier on 10th September, 2003 to the petitioner/ appellant; to advertise the election program and this order was challenged by the petitioner by filing Writ Petition No. 47190 of 2003 in which the Court on 29th September, 2003 passed an order for filing affidavits.;