- (1.) S. N. Srivastava, J. This writ petition is directed against the order dated 4-11-2006, passed by the Joint Director of Education, Gorakhpur Region, Gorakhpur appointing Prabandh Sanchalak to hold election of the Committee of Management on the ground that three years term has already expired and no election of Committee of Management has taken place. Heard learned Counsel for the parties.
(2.) LEARNED Counsel for the petitioners urged that according to Scheme of Administration, the office bearers elected under the Bye-laws of the Society will be the office bearers of the Committee of Management also. He further urged that according to Bye-laws of the Society, the term of the Committee of Management is three years and it may be extended for three months after expiry of three years term in case fresh election is not held after three years, but the office bearers will continue till fresh election takes place. It was also urged that under the provisions of the Bye-laws of the Society there is a provision of appointing authorized controller, but no authorized controller could be appointed in the facts of the present case as ingredients required for appointing authorized controller are not attracted. Lastly, it was urged by the learned Counsel for the petitioners that the impugned order is liable to be quashed. In reply to the same, learned Counsel for the caveator while relying upon a Five Judges Full Judgment reported in 2005 (1) LBESR 14 (All) (FB) : (2005) 1 UPLBEC (sic), Committee of Management, Pt. Jawahar Lal Nehru Inter College, Bansgaon, District Gorakhpur and Anr. v. Deputy Director of Education, Gorakhpur Region, Gorakhpur and Ors. , urged that if term of petitioners' Committee of Management has expired and petitioners' Committee of Management is not in existence, the impugned order was rightly passed appointing authorized controller, who is competent to hold election. Petitioner No. 2 is not entitled to work as Manager of the Committee of Management after expiry of term of three years and three months. Carefully considered arguments of learned Counsel for the parties and also carefully gone through the materials on record.
(3.) FROM materials on record, it transpires that election of the Committee of Management has taken place 11-6-2000 in which a Committee of Management was elected for the term of three years. Assistant Registrar, Societies and Chits, Gorakhpur Division, Gorakhpur vide his order dated 20-12-2001 held aforesaid election invalid against which Writ Petition No. 742 of 2002 was filed. During pendency of which fresh election has taken place on 3-3-2002. This Court by a judgment dated 6-6-2003 passed in Writ Petition No. 742 of 2002 finally decided that the election dated 11-6-2000 was rightly held and Committee of Management elected pursuant to that election is entitled to continue and to hold fresh election in accordance with the bye-laws since the term of the committee of management was going to expire on 11-9-2003. It transpires from the record that the committee of management has sent letters to the District Inspector of Schools, Gorakhpur to appoint Observer to hold fresh elections, but the District Inspector of Schools did not appoint any Observer to hold fresh election of the Committee of Management on the ground that three years term of the Committee of Management has already expired and the Special Appeal is pending in which an order to maintain status quo has been passed. It appears from the record that no election has taken place though the term of the Committee of Management was only upto 11-9-2003. It further appears from the record that another Writ Petition No. 51806 of 2006, Narendra Dev Rai v. State of U. P. and Ors. , was also filed in which this Court by an order dated 26-9-2006 permitted petitioner of that writ petition to file a fresh application for appointing Prabandh Sanchalak and the Regional Director of Education was directed to pass appropriate order on such application within two weeks from the date of application. Joint Director of Education passed the impugned order appointing Prabandh Sanchalak to hold election of Committee of Management and rejected claim of the petitioners to continue to hold charge till fresh elections are held. Under the Scheme of Administration read with Bye-laws, the term of the Committee of Management is three years and it could continue up to three months more. Learned Single Judge while deciding Writ Petition No. 742 of 2002 has also held in the judgment that term of the Committee of Management is upto 11-9- 2003, hence Committee of Management is not in existence thereafter. In the facts of the case, this Court is in agreement with the contention of learned Counsel for Caveator that the judgment of Five Judges' Full Bench (supra) is applicable in the present case according to which, whether there is any provision under the Scheme of Administration or not, the Authorized Controller could be appointed in case term of the Committee of Management came to an end. Relevant Paragraph of the Judgment of the Full Bench of this Court is being reproduced below: "38 (3) Where the Regional Deputy Director of Education finds that the election of both the rival Committees are invalid, he is not required to decide the question of actual control to recognize one or the other Committee of Management, and instead he shall, where the Scheme of Administration provides for appointment of an Administrator (Prabandh Sanchalak), appoint an Administrator with the direction to hold elections expeditiously in accordance with the Scheme of Administration, and where there is no such provision in the Scheme of Administration he shall appoint an Authorised Controller who shall expeditiously hold elections to the Committee of Management and shall manage the affairs of the institution until a lawfully elected Committee of Management is available for taking over the Management. ";