- (1.) Heard Sri R.K. Ojha, learned senior counsel assisted by Sri D.R.S. Chauhan on behalf of the petitioners, learned standing counsel for respondents 1, 2 & 4 and Sri Ashok Kumar Singh for respondent 5. With their consent, this writ petition is being disposed of finally without inviting a counter affidavit.
(2.) Sri Krishna Geeta Rashtriya Inter College, Lalganj, Azamgarh is a recognised institution under the provisions of U.P. Intermediate Education Act, 1921. It is governed by a duly approved Scheme of Administration. The last election of the Committee of Management of the Institution was held in the year 1992 from out of 287 members. Thereafter, there was a dispute between rival groups relating to the management of the institution and ultimately the dispute was settled by this Court by judgment and order dated 14.8.2002 passed in Special Appeal No. 835 of 2002, whereby the Additional Director of Education was directed to hold fresh elections after finalising the voter list. The Additional Director of Education, Madhyamic, U.P. by order dated 16.9.2003 finalised the list of 162 members, which does not include the name of either petitioner no. 2 or of the fifth respondent. Subsequently, by another order of the Joint Director of Education dated 2.6.2010 passed in pursuance of direction given in Writ Petition No. 30388 of 2009, the membership of 125 more members was validated thus, enhancing the strength of the general body to 287 members. This list, according to the petitioners, include the name of the second petitioner as well. Despite the settlement of the electoral college, elections were still not held. Ultimately, the Authorised Controller notified an election schedule on 19.2.2015 and in pursuance whereof election were held on 6.9.2015, in which the Committee with Smt. Sushila Devi (fifth respondent) was elected. The aforesaid Committee was recognised by the District Inspector of Schools by impugned order dated 10/11.9.2015.
(3.) The second petitioner whose name figures in the list of additional members finalised by the Joint Director of Education by order dated 2.6.2010 contends that the instant election conducted by the Authorised Controller was from a list supplied to him by the office of the Assistant Registrar comprising of 168 persons. According to him, the aforesaid list contains such name who were not included as member in either of the two lists finalised by the Additional Director of Education, Madhyamic by order dated 16.9.2003 or the Joint Director of Education by order dated 2.6.2010. It is further submitted that the list, which was supplied to the Authorised Controller by the office of the Assistant Registrar was an unregistered list submitted in his office by the fifth respondent. It is pointed out that the petitioners even raised objections before the Authorised Controller that proposed election from such a list would be invalid, but no heed was paid to the same. Thus, the election held by the Authorised Controller is being challenged on the ground that it was conducted from an invalid electoral college.;