Ashok Bhushan, J. - (1.) Heard Sri Shashi Nandan, learned Senior Advocate assisted by Sri N.K. Pandey for the petitioner and Sri Ashok Khare, Senior Advocate appearing for contesting respondents. Both the writ petitions have been heard together and are being disposed of by this common judgment.
(2.) Writ Petition No. 66998 of 2006 has been filed by the petitioner praying for quashing the order dated 25.11.2006 (Annexure-27 to the writ petition) determining the list of the members who are entitled to participate in the election of the Committee of Management of the institution. In pursuance of the determination of the list of members on 25th November, 2006 election of the Committee of Management of the institution has been conducted, which election has been accorded recognition by the Regional Committee vide its decision dated 22.12.2006, which recognition is subject matter of challenge in Writ Petition No.2562 of 2007.
(3.) Brief facts necessary for deciding the writ petition are; Janta Inter College Parasi Pandey, District Sonebhadra is a recognised institution under the provisions of the U.P. Intermediate Education Act, 1921. The institution is governed by approved scheme of administration framed under the U.P. Intermediate Education Act, 1921. The said scheme of administration was amended in the year 1985. A writ petition being Writ Petition No.21418 of 2004 was filed by the Committee of Management through Bechan Deo Pandey challenging the order dated 29th March,2004 of the District Inspector of Schools wherein the District Inspector of Schools/Prabandh Sanchalak has recommended that a list of the members submitted by earlier Manager be cancelled. The writ petition was disposed of by this Court vide its order dated 28th January, 2005 by which this Court directed the Regional Joint Director of Education to appoint some other officer of the Education Department as the Prabandh Sanchalak of the institution. It was also directed that the Prabandh Sanchalak so appointed shall hold fresh elections of the Committee of Management after publishing a tentative list of members entitled to participate in the same. Objections were also directed to be invited, which were required to be decided by a reasoned and speaking order. In pursuance of the order of this Court dated 28th January, 2005 Prabandh Sanchalak was appointed who conducted the election on 22nd May, 2006. A writ petition being Writ Petition No.43447 of 2005 was filed challenging the election dated 22nd May, 2005. This Court disposed of the said writ petition on 22nd May, 2005 directing the Regional Committed to afford opportunity of hearing to the parties and thereafter take a reasoned decision. The Regional Committee vide its order held that the election cannot be said to be just and valid election, which has not been done in pursuance of a properly drawn voter list. The Joint Director of Education did not accept the election dated 22nd May, 2005. A writ petition being Writ Petition No.57335 of 2005 was filed challenging the order of Joint Director of Education. The said writ petition was dismissed on 25th August, 2005. Another writ petition being Writ Petition No.3878 of 2006 was filed in which allegations were made against the District Inspector of Schools, Smt. Malti Rai, that she has been meddling with the affairs of the institution and authorised controllers are being replaced one after another. This Court thought it expedient that the District Judge, Sonebhadra be requested to spare and depute some Additional District Judge who shall ensure that the election is held in accordance with the scheme of administration. In the said writ petition following orders were passed on 26.7.2006:- "In the facts and circumstances, considering the allegations of alleged meddling by Smt. Malti Rai, presently posted as District Inspector of Schools, Sonebhadra, who was earlier seized of the affairs of the college as authorised controller, with the process of election, I consider it expedient that the District Judge, Sonebhadra be requested to spare and depute some Additional District Judge who shall ensure that the election is held in accordance with the scheme of administration. The Additional District Judge so nominated by the District Judge shall look into the question of authenticity of list of members and finalise the same without being influenced by any external pressure and after affording opportunity of hearing to all concerned. The exercise shall be taken to completion within three months. It may be made clear that the order passed by Joint Director of Education Mirzapur dated 3.7.2006 shall not be given effect to till further orders of this Court." ;