Shishir Kumar, J. - (1.) The present writ petition has been filed for quashing the order-dated 3.12.2005 passed by respondent No. 1, Annexure-6 to the writ petition. Further prayer is to issue a writ in the nature of mandamus commanding the respondents to recognize the petitioners as duly elected Committee of Management of the inter College, Nevarihiya, Jaunpur.
(2.) The facts arising out of the writ petition are that there is an Uchchtar Madhyamik Vidyalaya, Nevarihiya, district- Jaunpur which is a society registered under the Societies Registration Act, 1860. The said society was established with an object for promotion of education. The society has established an Intermediate College known as Intermediate College, Nevarihiya, district Jaunpur. The said institution receives grant in aid from the State Government and is governed under the provisions of U.P. Intermediate Education Act, 1921 and provisions of U.P. High School and Intermediate Colleges (Payment of Salary to the Teachers and Other Employees) Act, 1971 are applicable to the said institution. The institution has its duly approved scheme of administration. The affairs of the institution are being managed by the Committee of Management. The last undisputed election was held on 19.12.1982 wherein Sri Udai Raj Singh and Vijai Narain Tiwari, petitioner No. 2 were elected as President and Manager respectively along with other office bearers of the Committee of Management. The term of the Committee of Management is three years. Due to certain unavoidable circumstances fresh election could not be held within time as such Director of Education on 31.7.1987 refused to accept two rival claims. The order passed by the Director of Education was challenged by means of Writ Petition No. 15343 of 1987. The same was allowed by this Court on 13.9.1991. Aggrieved by the aforesaid order Special Appeal was filed which was partly allowed being Special Appeal No. 83 of 1991, During this period no Committee of Management functioned and only Prabandh Sanchalak was managing the affairs of the institution. When the Prabandh Sanchalak was being continued, one Sri Ram Narain Pandey on the basis of 47 newly elected members submitted a fabricated election. Similarly respondent No. 4 also submitted the papers relating to the alleged election on the basis of 24 members. Writ Petition No. 39154 of 1994 was filed and this Court on 23.2.1995 had directed to decide the dispute under Section 16-A(7) of the Act. It was decided by the competent authority by order-dated 26.6.95 that both the elections are illegal and contrary to the scheme of administration. The said order was challenged by respondent No. 4 by means of Writ Petition No. 18162 of 1995. The writ petition was dismissed on 10.7.1995. An appeal was filed but no interim order was granted and during the pendency of the special appeal, the Prabandh Sanchalak was continued. However, again respondent No. 4 submitted papers relating to fake election. The District Inspector of Schools in collusion has attested the signatures of respondent No. 4. However, as the special appeal was pending, an application was filed and the attestation of the signature of respondent No. 4 was stayed. As such, he could not come in the effective control over the affairs of the institution and the Prabandha Sanchalak continued. During the continuance of Prabandh Sanchalak, the Prabandh Sanchalak included 17 members illegally including respondent No. 4. The said fact has been admitted by respondent No. 4 in the counter affidavit filed in the Writ Petition No. 25009 of 2004. Para 13 of the counter affidavit is being reproduced below: 13. That the Prabandh Sanchalak again following the procedure of Scheme of Administration approved 17 life members, who were enrolled by the then Prabandh Sanchalak in the year 1995 and with the permission of the District Inspector of Schools published an election programme in the newspaper, wherein names of approved members were also published. A true copy along with Photostat copy of the newspaper published on 5.1.1999 is being filed herewith and is marked as Annexure CA-3 to this counter affidavit. Even at this time neither the petitioner No. 2 nor any one filed any objection against the said list of members nor put any claim saying that they are life members. The then Prabandh Sanchalak held the election on 24.1.1999, which was approved by the District Inspector of Schools, Jaunpur, on 17.2.1999 and Prabandh Sanchalak was withdrawn by the order of the Joint Director of Education, V Region, Varanasi, and the deponent land his committee elected on 24.1.1999 continued to manage the affairs of the institution. The 17 members enrolled by the Prabandh Sanchalak were disapproved by the Director of Education by order dated 26.6.1995.
(3.) Respondent No. 4 again submitted fabricated papers in regard to the election held on 23/24,1.1999 before the District Inspector of Schools wherein Sri Achyutanand Tiwari was shown as elected President and respondent No. 4 as Manager of the Committee of Management of the institution. The said election was recognized by the District Inspector of Schools by order dated 17.2.1999. It is apparent from the signatures that there were forged signatures and taking advantage of the death of Sri Sangam Lal Shukla, the said document was manufactured. The aforesaid development about the alleged election was not in the knowledge of any member of the General Body. When it came to the knowledge, Writ Petition No. 25009 of 2004 was filed by the petitioners and representation to that effect was also made to the authorities concerned. In the mean time the members of the General Body convened a meeting to hold a fresh election, which was held in accordance with the provisions of scheme of administration on 15.12.2003 wherein Sri Lal Chandra Upadyay and Vijai Narin Tiwari petitioner No. 2 were elected as President and Manager respectively. The papers were submitted before the District Inspector of Schools and the same were forwarded to the Regional Committee. Since the Regional Committee was not taking any decision, as such, the Committee of Management filed Writ Petition No. 25009 of 2004 and the Regional Level Committee was directed to decide the dispute. The Regional Level Committee by order-dated 21,3.2005 rejected the claim of both the Committees i.e. the petitioners and respondent No. 4. Two different writ petitions were filed challenging the order passed by the Regional Level Committee being Writ Petition No. 31808 of 2005 by the petitioners and Writ Petition No 34721 of 2005 by respondent No. 4. Both the writ petitions were clubbed together and decided by a common judgment dated 2.5.2005 and the matter was remanded back to the Regional Level Committee to decide the question. The Hon'ble Court has formulated the following points to be decided by the Regional Committee: (a) Who was competent to hold fresh elections in accordance with the scheme of administration? (b) Whether the persons, who have participated in the rival elections were validly enrolled in accordance with the scheme of administration or not specifically in the light of judgments which may be relied upon the parties ? (c) Whether the elections have been held strictly in accordance with the scheme of administration or not ?;