- (1.) Heard Sri Manjeev Shukla, learned counsel for the petitioner; Sri Dileep Mishra, learned counsel for opposite party no.7 as also the learned Addl. C.S.C.
(2.) The sole petitioner claiming himself to be a Member of the General Body of the Society i.e. the parent body which runs the college in question and also claiming himself to be Member of the General Body of the College has filed this writ petition for quashing the order dated 19.9.2015 passed by the D.I.O.S., Rae Bareli, annexed as annexure-1 to the writ petition, attesting the signatures of Sri Ram Prasad Tiwari as the elected Manager of the College based on the elections held on 13.5.2015. He has also sought a direction for appointment of an Authorized Controller in the college for completing the exercise of election and constituting a new Managing Committee.
(3.) The contention of the learned counsel for the petitioner is that the last election to the Committee of Management of the college as also the Society were held on 25.4.2010. As per the scheme of administration term of Committee of Management of the College is five years. Therefore, the said term expired on 25.4.2015. No elections were held before the expiry of the term of the outgoing Committee of Management, therefore, it became time-barred. Relying upon the decisions of this court, Committee of Management v. Alleged Committee of Management, 1998 1 UPLBEC 379 and Committee of Management v. State of U.P., 2012 2 ADJ 133 it was contended that once the Committee of management becomes time-barred, it has no right to hold any election and any such election held by it is illegal. As in the present case the election has been held on 13.9.2015 when there was no validly elected Committee of Management, therefore, the same is illegal.;