- (1.) N. L. Ganguly, J. The petitioner prayed for issuing a writ of mandamus directing the respondent to complete the election process initiated by the notice published on 15-12-1994 and also for a direction to the District Inspector of Schools to attest the petitioner's signature as duly elected Manager. Another prayer was made for revoking the order appointing O. P. No. 4 as Authorised Controller. A writ of quo warranto has been prayed for calling upon O. P. No. 4 to show-cause and explain under what authority he was working as Authorised Controller of Keshav Ram Arya Adarsh Balika Higher Secondary School, Azamgarh. A prayer has been added by amendment application or issuing a writ of certiorari quashing the order dated 31- 12-1995, Annexure 19 to the writ petition.
(2.) THE petition was heard on 25-4-1995 and 26-4-1995 and an interim order was passed directing "that the respondents shall maintain status quo as on today". THE petitioner was directed to produce a certified copy of the order before the District Inspector of Schools, Azamgarh and photostat copies of the certified copy of the order before the other educational autho rities O. Ps. in the petition. It is pleaded that the institution Keshav Ram Arya Adarsh Balika Higher Secondary School, Azamgarh is approved and recognised institution under the U. P. Intermediate Education Act. The Scheme of Administra tion of the institution is approved. The term of the elected office bearers of the Committee of Management is three years and the outgoing Committee of Management has to get the fresh election held within a period of three months, falling which the Deputy Director of Education has the power to appoint Authorised Controller for managing the affairs of the institution and get the fresh election of Committee of Management held and constituted. It is said that the term of the last Committee of Management came to an end in October, 1993. The Office bearer of the said Committee of Management wrote to O. P. No. 2 for appointing an observer for conducting the election according to law. The O. P. No. 2 Dy. Director of Education by his order dated 6- 12-1993 directed O. P. No. 3, DIOS, to supervise him self or through Assistant District Inspector of Schools or any other person to supervise the election to be conducted on 15-12-1993 as scheduled. The D. D. E. along with his order dated 6-12-1993 had forwarded a list of 31 members. One Pramod Gandhi alleging himself to be the manager of the Committee of Management submitted another list of members before O. P. No. 2, which was also sent by him to O. P. No. 3 with the letter dated 13-12-1993. Since there were two different lists of members the DIOS expressed his inability to get the election conducted on 15-12-1993. The Deputy Director of Education directed the DIOS to enquire about the validity and correctness of the list of members and then to proceed with the election at the earliest.
(3.) THE election was not held within the stipulated period. According to Section 7 of the Act and the Scheme of Administration the Regional Deputy Director of Education 1st by his order dated 31-5-1994 appointed Sri Hira Ram Bharti, Associate District Inspector of Schools as Authorised Con troller for finalising the election in four months period after examining the list of members. Sri Hira Ram Bharti after enquiry finalized the list of members on 28-10-1994 giving a list of 29 members and also sent the list to the Assistant Registrar of Societies and Chits. THE Assistant Registrar had finalised the list giving 24 names of members. THE Tahsildar Lalganj was directed to supervise and get the election conducted as per Section 25 (1) of the Societies Registration Act. Sri Sudama Singh as President of the Committee of Management of the institution filed writ petition No. Nil of 1994 before this Court. The said petition was finally disposed of on 20-5-1994 with the following order :- "the petitioner have challenged the order dated 5th March, 1994 passed by Assistant Registrar for holding election. He has authorised Tahsildar Lalganj, district Azamgarh as Election Officer purporting to exercise power under Section 25 (1) of Societies Registration Act. He has recorded a finding that the period of three years has expired. The Registrar is empowered to hold election under Section 25 (2) of the Act. Learned counsel for the petitioner further admitted that Tahsildar has been directed to hold election on the basis of voters' list supplied to- him by the Assistant Registrar which is incomplete. In case any particular objection is raised with regard to any member, the Tahsildar may also consider the same and after considering such objection he may hold the election in accordance with law. ae writ petition is accordingly finally disposed of. Sd. S. N. 20-5-1994. " It has been pointed out that the list of members has not been published by the Tahsilder after the High Court's order.;