Rakesh Tiwari - (1.) -Sri Durgaji Inter College Chiotidan, Nai Bazar, Mau is a recognized and aided institution governed by the provision of U. P. Intermediate Education Act, 1921 (U. P. Act No. 24 of 1971). The institution has an old scheme of administration approved by the Deputy Director of Education for its management. Clause 10 of the old scheme of the management provides filling of casual vacancy and Clause 11 empowers the President under the scheme to convene the meeting on the written proposal of 4 members and the procedure with regard to conduct of any meeting under Clause 12.
(2.) THE undisputed election of the Committee of Management took place in the year 2003. In the said election Sri Salik Ram Upadhyaya was elected as President/Manager and the petitioner Sri Uttam Nisad was elected as Vice President whereas the respondent No. 5, Sri Rajendra Prasad Naik was elected as member of the Executive Committee. THE said election was granted recognition by the educational authorities. Clauses 10, 11 and 12 of the old scheme of administration is as under : ...[VERNACULAR TEXT OMMITED]... Shri Salik Ram Upadhyaya expired on 5.1.2005. This created a casual vacancy for the post of President/Manager. The petitioner claims that an Agenda notice was issued by the Vice President on 6.1.2005 for convening meeting on 10.1.2005 for the purpose of filling up casual vacancies caused due to death of Shri Salik Ram Upadhyaya. It is alleged by the petitioner that in the meeting of the Committee of Management on 10.1.2005, decision was taken electing, petitioner as President/Manager against the aforesaid casual vacancy. It is also, claimed that consequently Agenda notice dated 15.1.2005 was issued for convening meeting on 20.1.2005 in order to take decision with regard to holding of fresh elections. The District Inspector of Schools by his order dated 11.10.2005 appointed election supervisor for holding of the fresh elections and accordingly election schedule was also published in the newspaper on 21.10.2005. The D.I.O.S. vide his order dated 24.10.2005 suspended his earlier order dated 11.10.2005 whereby he had appointed Election Supervisor for holding fresh elections. Writ Petition No. 78373 of 2005 appears to have been filed by the petitioner Shri Uttam Nishad challenging the order passed by D.I.O.S. on 24.10.2005 which was disposed of with the following directions : "During pendency of writ petition before this Court, it transpires that elections have been held on 1.1.2006. After issuance of Government order dated 19.12.2000, such election will get life only if it is accorded recognition by Regional Committee constituted under Government order dated 19.12.2000. Till date election dated 1.1.2006 has not at all been accorded recognition and the papers are lying with the District Inspector of Schools, as per information furnished. Petitioner is assailing validity of the said election on the ground that at no point of time, the person who has convened meeting and held election had any authority to hold election, and further, at no point of time he had ever been asked to function as Working President, and the resolution appointing him as Working President is totally manipulated document, as such no credibility can be attached to the same. It has been contended that elections have not been held as per provisions contained in the Scheme of Administration and valid members have not participated and in spite of the fact that petitioner, Uttam Nisad, who happens to be Vice President of the Management, no agenda notice was brought to his notice, informing and intimating date of election. All these questions, which are being raised, can be very well looked into by the Regional Committee constituted under Government order dated 19.12.2000, as such liberty is given to the petitioner to make afresh representation along with a certified copy of this order before the District Inspector of Schools, within a period of three weeks from today. In the event any such representation being made, the said authority shall transmit the entire papers to the Regional Committee, who before proceeding to accord approval to the election dated 1.1.2006 shall advert itself on following three issues : (i) Whether the person who has convened meeting and held the election had the authority to convene meeting and hold election ; (ii) Whether the persons who participated in the said election are valid members of the general body of the society; and (iii) Whether the election has been held in consonance with the Scheme of Administration. In case the aforesaid three requirements are satisfied only then recognition can be accorded to the elections dated 1.1.2006. In case the aforesaid requirements are not satisfied then steps be undertaken for appointment of Prabandh Sanchalak with further direction to him to hold fresh elections. Regional Committee shall provide opportunity of hearing to Uttam Nishad and Hari Krishna Nayak. In terms of aforesaid observations and direction, writ petition is disposed of."
(3.) THE contention of the counsel for the petitioner is that notice was issued by Joint Director of Education dated 16.2.2006 to the petitioner as well as respondent No. 5 fixing 22.2.2006 and also directed the D.I.O.S. to submit his report. Both the petitioner as well as respondent No. 5 submitted their written statement before the Joint Director of Education on 27.2.2006. THE petitioner is aggrieved by the fact that though he had also submitted a written statement, no hearing was done by the Joint Director of Education and by the impugned order dated 18.3.2006, he has passed an order granting approval to the Committee of Management with respondent No. 4, Shri Hari Krishna Naik as President and respondent No. 5, Shri Rajendra Prasad Naik as Manager. The counsel for the petitioner has assailed the impugned order dated 18.3.2006?on the ground that since the old scheme of administration had not been amended, as such it would be deemed to be covered under the amended scheme of administration. It has been urged by Shri Ashok Khare, learned senior counsel that the questions which were referred for decision in the judgment dated 4.1.2006 in Writ Petition No. 78373 of 2005 have been decided on the misconception of law that the management of the institution would be governed by the amended scheme of the administration even though the old scheme of administration had not been amended. In this regard reference has been made by him to Annexure-4 to the writ petition from which it appears that the petitioner Shri Uttam Nishad has been appointed as the President of the Committee of Management. It is also urged by Shri Ashok Khare, learned senior counsel that the D.I.O.S. had granted approval for holding of the fresh elections on 11.10.2005 and election schedule had already been notified vide Annexure-7 to the writ petition, i.e., much prior to the meeting dated 21.10.2005 of the alleged committee of management in which Shri Hari Krishan Naik claims himself to have been elected as working President for conducting the fresh election.;