Tarun Agarwala - (1.) -Heard Sri Awadhesh Kumar Singh, the learned counsel for the petitioners and Sri P. S. Baghel, the learned counsel appearing for respondent No. 6 and the learned standing counsel appearing for respondent Nos. 1, 2 and 3.
(2.) BRIEFLY stated, the facts giving rise to the present petition is, that Civil Misc. Writ Petition No. 43629 of 1998 and Civil Misc. Writ Petition No. 9089 of 1999, filed by the parties, was disposed of, by a common judgment dated 21.11.2002, in which it had come on record that the last election of the Committee of Management, Kachcha Baba Inter College, Jalhopur, Varanasi was held in the year 1996 and which was the subject-matter in the said writ petitions. The Court, while disposing of the writ petition, by an order dated 21.11.2002, directed that since the authorised controller was continuing in the college, he would hold fresh elections after verifying the list of the members. Based on the aforesaid judgment, the rival parties submitted their list of the members before the authorised controller. The authorised controller, after considering the matter, passed an order dated 24.2.2003, rejecting the list supplied by the rival parties and, finalised the list of the members on the basis of the evidence brought on the record. Based on the aforesaid determination, the District Inspector of Schools, by an order dated 16.6.2003, granted permission to hold the election for the period 2003-2006. Based on the aforesaid direction, the authorised controller conducted the election on 31.12.2003. Before the result of the elections could be announced and, before the authorised controller could give charge to an elected body of the Committee of Management, Writ Petition No. 28892 of 2003 was filed by the petitioners in which an interim order was passed, namely : "In the meantime, if any elections are held by Prabandh Sanchalak, result of the same shall not be declared, except with leave of this Court." The said interim order continued till the disposal of the writ petition. The Court in its judgment dated 16.5.2006 held that since the result of the elections had not been declared so far, the Court directed the regional committee to consider and decide the objections of the parties and further directed the regional committee to consider the list of members finalised by the authorised controller and thereafter take an appropriate decision with regard to the validity of the elections conducted by the authorised controller. Based on the aforesaid directions of the Court, the regional committee, after considering the objections of the parties issued an order dated 18.4.2007, upholding the finalisation of the list determined by the authorised controller by its order dated 24.2.2003 and also declared the result of the elections holding that the said election was valid and consequently, recognised the elections of Sri Dhananjay Singh as the Manager of the Committee of Management. The petitioners, being aggrieved by the aforesaid order, has filed the present writ petition.
(3.) THE learned counsel for the petitioners submitted that the life of the Committee of Management, as per the Scheme of Administration was three years and one month and thereafter, the Committee of Management became functus officio. Admittedly, the elections were held on 31.12.2003 which term had expired on 30.12.2006 and consequently, the elections of Sri Dhananjay Singh could not continue beyond 30.12.2006. Consequently, the order of the regional committee recognising the elections of Sri Dhananjay Singh, which was held on 31.12.2003 was redundant and could not be given effect to. THE learned counsel for the petitioners further submitted that the list of the electoral college, as determined by the authorised controller, and affirmed by the regional committee was wholly erroneous and was finalised without any application of mind. THE objection raised by the petitioners was not considered and consequently, the said list was liable to be set aside and a fresh direction was required to be issued to the authorised controller for holding fresh election of the Committee of Management of the society. On the other hand, Sri P. S. Baghel, the learned counsel for the respondents submitted that the writ petition was not maintainable. The learned counsel for the respondents submitted that the writ petition has been filed by a group of members of the General Body of the Society and that the writ petition was not maintainable at their instance. In support of his submissions, the learned counsel for the respondents has relied upon a decision of this Court in Writ Petition No. 31886 of 2004, Bhagwan Kaushik v. State of U. P. and others, decided on 30.1.2006 as well as a judgment of a Division Bench of the Court dated 19.2.2007 passed in Special Appeal No. 194 of 2007, Anjani Kumar Mishra v. State of U. P. and others, wherein it had been held that the members of the society had no right to agitate the result of the elections since it had no locus standi to challenge the result of the elections. The learned counsel for the respondents further submitted that the election which was conducted by the authorised controller on 31.12.2003 had not yet been completed, since, the result had not yet been declared, consequently, the term of the committee had not as yet begun. Therefore, the expiry of three years and one month in the present case on 30.12.2006 did not arise. The learned counsel further submitted that the starting point of the term of the Committee of Management would be when the Committee of Management was given charge and the period of three years would begin from that date.;