- (1.) R. H. Zaidi, J. By means of the present petition under Article 226 of the Constitution of India, petitioners pray for issuance of a writ of certiorari quashing the orders dated 2-2-1993 and 18-2 1993 passed by res pondent No. 1, Regional Dy. Director of Education, VII Region, Gorakh pur and further for a writ of mandamus commanding respondents No. 1 to 3 to restrain the respondents No. 4 and 3 from managing the affairs of the Colleges and hold the election of office bearers and members of the Com mittee of Management of Maharaja Agrasen Inter College, hereinafter referred to as 'inter College' and Maharaja Agrasen Girls inter College hereinafter referred to as Girls College, on the basis of 37 members of the general body of the Society.
(2.) THE relevant facts giving rise of the present petition, are that there is a Society known as Sri Marwari Vidyalaya Soceity, Deoria for short Society which runs two educational Institutions known as Maharaja Agrasen Inter College and Maharaja Agrasen Girls Inter College at Deoria. Both the Institutions have got separate Schemes of Administration. Admit tedly, the term of the Committee of Management is three years. THE general body of the Committee is the same. It wag on 1-1-1989 that the election of the Committee of Manage ment was held in which Sri Nath Mal Agrawal was elected as Secretary/ Manager of the Inter College, while Sri Ram Prasad Goel as Secretary/ Manager of the Girls College. On expiry of the term of the Committee of Management in the year 1991, dispute with respect to the enrolment of members and election of office bearers and members of the Committee of Management arose. I need not enter into the minor details of the said dispute as the term of the aforesaid Committee of Management of the said Colleges has come to an end. It would suffice to state that the petitioners' claimed that the election was held by them on 23-2- 1992, while according to the contesting respondents the election was held on 20-3-1992 challenging the validity of the said elections, two writ petitions i. e. No. 6243 of 1992 by Sri Nath Mal Agrawal and No. 10436 of 1992 by the petitioners were filed. Ultimately, the said writ petitions were disposed of by this court by a common judgment on 13-5-1992, the operative portion of the said judgment is quoted below :- "for the reasons stated above, it is fully established that the elections held on 20-3-1992 on the basis of newly approved list of 56 members is not in accordance with law. The order of the Distt. Inspector of Schools, dated 21-3-1992 attesting the signatures of Sri Nath Mal Agarwal as Manager of Maharaja Agarsen Inter College and the attestation of signatures of Sri Ram Prasad Goel as Manager of Mahraja Agarsen Balika Inter College is quashed. The order dated 9-4-1992 passed by the District Inspector of Schools recognising the elections held on 20-3-1992 is also quashed. Admittedly, the period of three years since the last election of the Committee of Management held on 1-1-1989 has expired. I direct the Dy. Director of Education to appoint Prabandh Sanchalak in accordance with the Scheme of Administration within two weeks of a certified copy of this order being placed before him. The Prabandb Sanchalak will hold the election of the Committee of Management of the Institution within two months thereafter on the basis of the list of 37 members as registered by the Asst. Registrar by order, dated 27-1-1992 filed as Annexure CA-3 in writ petition No. 6243 of 1992. The fresh members enrolled by either of the two rival parties after the registration of 37 members by the Asstt. Registrar by order dated 27-1-1992 under Section 4 (1) of the Societies Registration Act for 1991- 92 shall be allowed tcf participate in the present election. " Against the aforesaid judgment, two special appeal Nos. 191/92 and 192/92 were filed by the parties. The special appeals came for hearing before a Division Bench of this Court on 13-7-1992 and on the same day both the special appeals were decided by a common judgment, the opera tive portion of which is quoted below :- "having regard to the fact that the above factual controversy relied by the parties cannot be decided in the jurisdiction and keeping in view the provisions of Section 16-A (7) of the U. P. Intermediate Education Act, 1921. We felt the this a pre-eminently fit case which should be referred to the Regional Dy. Director of Education, Gorakhpur, who should decide the dispute with respect to Management of the College in question and pass necessary consequential order and we direct accord ingly. Needless to say, in deciding the dispute the Dy. Director of Education shall go into all ancillary questions, including the rival claims relating to the number of members, who were entitled to vote. The Deputy Director will comply with this directions of ours in accordance with law, within a period of two months from the date of presentation of a certified copy of this order, pending decision of the Dy. Director, status quo as on today should be maintained regarding the management of the College in ques tion. The appeals are thus disposed of. "
(3.) THE Regional Dy. Director of Education in compliance of the directions issued by this court, vide order dated 2-2-1993 decided the dispute whereby the claim of respondents No. 4 and 5 was upheld. It was held that the election held on 20-3-1992 was valid and election held on 23-2-1992 is invalid. Vide order dated 18-2-1993, it was held that since in the meeting held on 20-3-IS92, Sri Ram Prasad Goel was validly elected as Secretary/manager of the College. THE Authorised Controller was conse quently withdrawn and said Manager was permitted to function. Accord ing to the case set up by the petitioners, the election held on 23-2-1992 was valid as the same was held on the basis of 37 valid members and the election held on 20-3-1/92 was invalid. THE view taken to the contrary by the Regional Dy. Director of Education is manifestly erroneous and illegal. It has been contended that this court vide judgment and order dated 13-5-1992 set aside the election held on 23-2-1992 and directed the Dy. Director of Education to appoint Authorised Controller for holding the election with the help of 37 members. THE special appeals filed against the said judgment was confined to the dispute relating to Maharaja Agrasea Inter College and the judgment and order passed by learned Single Judge with respect to the Girls College become final. THE Dy. Director of Education had no jurisdiction to record the finding contrary to the findings recorded by the learned Single Judge and to uphold the claim of res pondents. On the other hand, in the counter-affidavit filed by contesting res pondents, the facts state'd in the writ petition have been controverted. It has been asserted that election of the office bearers and members of the Committee of Management was held on 20-3-1992 under the orders of this court dated 27-2-1992 in accordance with the provisions of Scheme of Administration and under the supervision of observer appointed by the District Inspector of Schools. The said election was recognised by the District Inspector of Schools and signatures of the respondents were also attested and they have since then are in effective control of the affairs of the two Colleges. It has further been asserted that against the judgment and order passed by learned Single Judge two special appeals were preferred. Since question of law and facts involved in the said two special appeals were same, the counsel appearing for the appellants with a view to avoid con fusion placed the facts of the case relaing to 'inter College'. He never given up the case with respect to the Girls College and ultimately both the special appeals were disposed of by a common judgment dated 13-7-1992. There was nothing on record to show that the appeal with respect to the Girls College was dismissed. It has also been stated in the counter-affidavit that in the meanwhile the term of the Committee of Management elected on 20-3-1992 was about to expire, therefore, the election after following the procedure prescribed under law was held on 25-12- 1994 and the office bearers and members of the Committee of Management were elected. Papers relating to the said election were submitted before the District Inspector of Schools, but till date approval was not granted in view of the order passed by this Court on 23-12-1994, which read as under :- "heard Sri R. S. Misra, counsel for petitioners and Sri T. P. Singh counsel appearing for respondents. In the facts and circum stances of the case, it is hereby directed that if the election is held as scheduled on 25-12-1994, that shall be subject to the further order of this court. On 12-7-1995 following orders were passed by this court: "heard learned counsel for the parties. The interim order dated 23-12-1994 shall not be construed as an order restraining the declaration of the result of the election, if any, held on 25-12-1994- All that the interim order means is that the result of the election, if any, held as scheduled would be subject to further orders of this court. The matter shall now be listed before appropriate Bench at an early date. It shall not be treated as tied up. ";