- (1.) CHACHA Nehru Samarak Inter College, Balapur Akheda, Bijnor (in brief the institution) is run by a registered society. An elected Committee of Management manages the affairs of the institution. The last election of Committee of Management with 151 valid members was held on 29.12.2002, which received recognition on 30.7.2003. As per the Scheme of Administration the term of Committee of Management was three years and after amendment it had been extended to five years. Therefore, the next election of Committee of Management was due in July, 2008 and the same could be held till August, 2008.
(2.) THE Committee of Management of the institution had submitted a list of members on 18/22.10.2007 to the District Inspector of Schools and it was specifically stated at the end of the list of members that there were 130 old members and no new members have been made, which was marked 'seen' by the District Inspector of Schools on 19.11.2007. The Committee of Management decided to hold the election and an election programme was published in the newspaper Dainik Jagran on 18.4.2008 fixing the date of election as 3.5.2008. It was also mentioned that list of members was being pasted on the notice board and objections with regard to membership were invited. It is not disputed by the learned counsel for the parties that out of 151 members who were members when the election took place in the year 2002,21 members had died and only 130 old members remained. No objection to the membership list was filed by the appellants to the list pasted on the notice board. The election could not take place on 3.5.2008 due to absence of the election officer appointed by the District Inspector of Schools. Thereafter, a fresh election schedule was notified on 16.6.2008 fixing 6.7.2008 for election. After the fresh election was notified, it appears that some objection was filed by the appellants before the Regional Joint Director of Education, Moradabad, who passed an order on 20.6.2008 stating therein that 130 new members have been enrolled and the election may be held out of total 260 members, as on 14.6.2008,130 new members have completed 11 months and he directed the District Inspector of Schools to examine the list of 260 members. The District Inspector of Schools, Bijnor thereafter submitted a report on 25.6.2008 to the Regional Joint Director of Education, wherein it was mentioned that the election was being held on the basis of list of 130 members agreed by the Committee of Management and on examination the list of 260 members was not in consonance with the agreement/scheme.
(3.) THE appellants filed civil misc. writ petition No. 30931 of 2008 for issuance of writ of mandamus for conducting the election of Committee of Management on the basis of list of 260 members which includes 130 members alleged to be enrolled on 14.7.2007. Since the writ petition was filed before the summer vacation but it could not be taken up during the vacations and the election was scheduled to be held on 6.7.2008, therefore, it appears that the appellants approached the Commissioner of Division for staying the election till the validity of membership is decided by the competent authority. The Commissioner directed on 5.7.2008 the District Inspector of Schools to stay the election and further directed the District Magistrate to examine the membership list.;