- (1.) HEARD Sri Adarsh Singh, Learned counsel for the petitioners, Learned Standing Counsel representing State respondent, Sri N.K. Giri, leaned counsel for the respondent no.3, Sri Arvind Upadhyay, Advocate who has put in appearance on behalf of Ram Darash Yadav one of the elected Directors in the 2009 elections.
(2.) IT is case of the petitioners that last elections were held on 15.07.2009 in which 12 Directors were elected. The total strength of Directors is 14. One Director is to be nominated by the State Government under relevant rules and one seat of Director being reserved for Scheduled Caste could not be filled up which is also to be filled up by the State Government under the rules. According to the learned counsel for the petitioner State did not nominate the two Directors as required above. As a result of which the Committee of Management could not be constituted nor it assumed the office. Admittedly, no election for Chairman/Vice -chairman has been held. Petitioner claims to be one of the 12 elected Directors in 2009 elections. By means of this petition challenge is to the election schedule now notified for electing the members although under order dated 20.01.2015 the election schedule notified in the publication dated 25.02.2015 filed as Annexure 3 has since been stayed by the Chief Election Commissioner vide order dated 4.3.2015 Annexure 4 to the petition.
(3.) CONTENTION of the learned counsel for the petitioner Sri Adarsh Singh is that the term of the Committee of Management is five years from the date it assumes office. No fresh election could be held as the earlier elected Directors pursuant to the election of 2009 electing 12 Directors' Committee of Management was not constituted nor it assumed the office as such till such time five years from the date of assuming of the office does not expire election may not be held again. We are not impressed by the submission. In our opinion, elections were held in 2009 and 12 Directors were elected which included the petitioner also. Since then almost six years have passed but no steps were taken by any of the elected Directors for getting the nomination made from the State Government or for electing the Chairman / Vice Chairman so that they may assume office. It is now after six years when fresh elections have been notified challenge is being made for the same. The petition seriously suffers from laches and does not warrant any interference under extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India. We accordingly refuse to issue any mandamus in exercise of our extra ordinary and discretionary powers.;