Ashok Bhushan, J. - (1.) All these appeals have been heard together and are being decided by this common judgment. First four appeals are directed against the judgment and order dated 22.10.1997 passed by a learned Single Judge in writ petition No. 88 of 1994 and writ petition No. 28384 of 1993. Last two appeals have been filed against the judgment dated 25.7.2000 passed by a learned Single Judge in writ petition No. 11857 of 1998 and writ petition No. 34814 of 1999. They can be conveniently referred to as' first set of appeals' and ' second set of appeals'.
(2.) We have heard Sri M.D. Singh Shekher, learned Counsel for the appellants in first set of appeals and for respondents in second set of appeals. Sri Sada Nand Shukla and Sri B.D. Mandhyan have appeared for the respondents in first set of appeals and Sri Sada Nant Shukla has appeared for the appellants in second set of appeals.
(3.) Brief facts of the case giving rise to both sets of appeals are: Gangadin Ram Kumar Inter College, Ramgarh Barwan, District Jaunpur hereinafter referred as the college, is a recognised institution under the U.P. Intermediate Act, 1921 hereinafter referred to as Act. An scheme of administration had been framed for the college under the U.P. Intermediate Act, 1921 which has been duly approved and subsequently amended by the Deputy Director of Education. The Committee of Management of the college is constituted in accordance with the approved and amended Scheme of Administration of the college. The dispute in these appeals relate to constitution of Committee of Management of the college. One Arjun Mishra was elected as Manager of the college in the year 1977 and continued to be elected in periodical elections till the election dated 1.4.1990 when dispute arose. Arjun Mishra claimed that he was elected as Manager of Committee of Management on 1.4.1990 and other rival election of the same date was set up by Virendra Kumar Pandey who claimed himself to be elected as Manager of the college in the election. It was claimed that the number of members of the General Body in the year 1990 election was 321. The District Inspector of Schools finding a dispute referred the matter to the Deputy Director of Education under Section 16-A(7) of the Act for decision. The Deputy Director of Education vide his order dated 20.12.1991 refused to recognise either of the claimants and appointed a Prabandh Sanchalak (Authorised Controller) under the Scheme of Administration to conduct the fresh election by valid members of the society according to the Scheme of Administration. The Deputy Director of Education further observed that the membership of the General Body is not verified. Both the claimants i.e. Arjun Mishra and Virendra Kumar Pandey filed writ petitions challenging the order dated 20.12.1991, the writ petitions filed by both the claimants were dismissed by a learned Single Judge of this Court vide its judgment dated 2.2.1993. The order of the Deputy Director of Education appointing Prabandh Sanchalak was affirmed. this Court directed the Deputy Director of Education to appoint Prabandh Sanchalak to manage the affairs of the Institution and to hold fresh election of the Committee of Management. In pursuance of the order of this Court dated 2.2.1993 the Deputy Director of Education appointed the District Basic Education officer as Prabandh Sanchalak to conduct the election. Prabandh Sanchalak assumed the office on 5.3.1993. Prabandh Sanchalak claimed to have received a list of 87 members of the general body from Virendra Kumar Pandey, one of the claimants' in election dated 1.4.1990, accepting the said list as valid list. Prabandh Sanchalak proceeded to hold fresh election by publishing an election programme on 15.6.1993. An unopposed election was declared on 21.6.1993 declaring Jai Narain Tripathi as Manager and Rameshwar Prasad Sharma as President. The proceedings were forwarded by the Prabandh Sanchalak to District Inspector of Schools vide his letter dated 22.6.1993 which was approved by the Inspector on 22.6.1993 recognising Jai Narain Tripathi as Manager of the institution. Signatures of Jai Narain Tripathi were also attested on 23.6.1993 and Prabandh Sanchalak was withdrawn by the Joint Director of Education on the same date i.e. 23.6.1993 which was given effect to by the Inspector on the same day. Two writ petitions were filed challenging the election proceedings dated 21.6.1993 and the recognition of the said election one by Arjun Mishra being writ petition No. 28384 of 1993 and another writ petition No. 88 of 1994 by Virendra Kumar Pandey. In both the writ petitions learned Single Judge issued notice and summoned original election proceedings from the Prabandh Sanchalak which were produced before the Court on 24.11.1994. On 24.11.1994 learned Single Judge after perusing the original records produced by the Prabandh Sanchalak recorded his observations in the order sheet dated 24.11.1994. Both the writ petitions were thereafter heard and allowed vide judgment and order dated 22.10.1997. Learned Single Judge quashed the election proceedings dated 21.6.1993 and the order recognising the election and issued a writ of mandamus to the District Inspector of Schools directing him to pass an order of single operation of account and to the Deputy Director of Education to appoint an officer of proven honesty of the rank of District Inspector of Schools as Authorised Controller to hold election within four months. Against the judgment dated 22.10.1997 first two appeals being Appeal No. 963 of 1997 and 964 of 1997 have been filed by the Committee of Management through Jai Narain Tripathi as Manager of Committee of Management challenging the said judgment and the other two appeals No. 956 of 1997 and 538 of 1997 have been filed by D.S.M. Tripathi Advocate praying for expunction of observations made against him in the judgment dated 22.10.1997.;