Sangeeta Chandra, J. - (1.) This is the twelfth writ petition in the dispute relating to elections of Committee of Management of Sarvodaya Inter College, Sudnipur, Jaunpur. Besides challenging the order passed by the Regional Level Committee dated 25.05.2015 directing the Finance and Accounts Officer in the office of the Joint Director of Education, Varanasi Region, Varanasi to act as Election Officer, a further prayer has been made for quashing the notification dated 12.06.2015 issued by the said Election Officer.
(2.) The facts as have come out from the perusal of the record of the writ petition and various affidavits filed therein and from the arguments of Shri Anil Bhushan, learned Senior Advocate appearing for the petitioners and Shri Ashok Khare, learned Senior Advocate appearing for the Respondent No. 5 are to the effect that there is a registered Society in the name of Gupta Sarvodaya Vidyalay Samiti, Sudanipur, Jaunpur, which was initially registered under the Societies Registration Act on 25.02.1954. The said Society runs Savodaya Inter College, Sundnipur, Jaunpur which is a recognized and an aided institution as per the Scheme of Administration approved by the Education Authorities. The term of Committee of Management of the Institution is three years.
(3.) It appears that at the time of establishment of the Society Shri Dwarika Prasad Maurya was the President of the Society and after his death Shri Ram Prasad Gupta became President of the Society and continued w.e.f. 1979 till his death on 31.03.2002. Shri Devi Das Gupta, his brother, continued to function as Manager of the Society till his death on 01.06.1999. As per paragraph - 5 of the Scheme of Administration the elections of office bearers of the Committee of Management of the Institution shall be held from amongst the members of the Society belonging to the General Body of the Society. Periodical elections of the Committee of Management of the Institution have been held and Shri Ram Prasad Gupta was elected as President and Shri Devi Das Gupta, his brother, was elected as Manager. Lastly, in 1997 being the outgoing Committee of Management headed it sought permission from District Inspector of Schools of Jaunpur to hold election, which permission was given by the District Inspector of Schools on 15.12.1997. Notices were issued thereafter to the valid members of the Society through registered post and elections were held on 10.01.1998 in which Shri Ram Prasad Gupta was again elected as President and Shri Devi Das Gupta was elected as Manager of the Institution. Shri Om Prakash Gupta, Respondent No. 5, was elected as Deputy Manager of the Institution. The District Inspector of Schools gave recognition on 13.01.1998 to the such elections.;