R.H.ZAIDI, J. - (1.) BY means of this peti ­tion, under Article 226 of the Constitution of India, petitioners pray for issuance of a writ, order of direction in the nature of certiorari quashing the order dated 1 -11 -1997 passed by Regional Deputy Director of Education (Secondary), XIVth Region, Azamgarh, holding that the election of office bearers and members of the Commit ­tee of Management alleged to have been held on 24 -9 -1995 was invalid and contrary to the provisions "of scheme of administra ­tion and further appointing the District Inspector of Schools as Prabandh Sanchalak of Adarsh Intermediate College, Siwan Kala, Sikanderpur, district Ballia (for short 'the college') and direct ­ing him to hold the election of the Com ­mittee of Management within 2 months.
(2.) THE facts of the case as set out in the writ petition, in brief, are that it was on 28 -6 -1992 that the election of the office bearers and members of the Committee of Management of the institution was held in which petitioner No. 2 Shri Ashok was elected as Manager and Sri Sadhu Saran Goswami as President, besides other of ­fice bearers and members. The District Inspector of School on receipt of the papers relating to the said election ac ­corded recognition to the Committee of Management elected in the aforesaid elec ­tion and attested the signatures of the Manager vide Order dated 13 -10 -1992. It was on 18 -6 -1995 that the Com ­mittee of Management passed a resolution directing the President and the Manager to appoint the election officer and to hold the election before 30 -9 -1995. The relevant papers including the aforesaid resolution were submitted before the Dis ­trict Inspector of Schools for information and necessary action on 19 -6 -1995. The Manager, thereafter, vide letter dated 6 -7 -1995 intimated the District Inspector of Schools that 24 -9 -1995 was the dated fixed for the aforesaid election. The programme of the election was also sent to him alongwith the said date. Thereafter, the election which is stated to have been held on 24 -9 -1995 in which 29 out of 44 mem ­bers of the General Body of the college participated and petitioner No. 2 was elected as the Manager besides other of ­fice bearers. After declaration of the result of the said election, relevant papers were submitted to the District Inspector of Schools on 25 -9 -1995 with the request to accord recognition to the said election and to attest the signatures of the Manager.
(3.) ON the other hand respondent No. 3 is stated to have applied for initiating the proceedings for holding the election as the term of the Committee of Management came to an end on 8 -2 -1996. Thereafter another similar application was made by respondent No. 3 on 15 -2 -1996 before the respondent No. 2. The District Inspector of Schools vide his letter dated 7 -4 -1996 asked the petitioners to submit the original record relating to election held on 24 -9 -1995 before him. It is stated that in ­stead of original record photostat copies of all relevant papers were furnished by the petitioners to the District Inspector of Schools. The District Inspector of Schools instead of according approval to the Com ­mittee of Management elected on 24 -9 -1995 placed the accounts of the college under single operation by order dated 23 -5 -1996. The petitioners and other mem ­bers of the general body thereafter made representations to the District Inspector of Schools and also to the Joint Director of Education in support of the election held on 24 -9 -1995. The District Inspector of Schools, thereafter, recalled the order dated 23 -5 -1996 vide order dated 19 -7 - 1996 recognizing the Committee of Management and attested the signatures of the petitioner No. 2. Challenging the validity of the order dated 19 -7 -1996, Civil Misc. Writ Petition No. 28371 of 1996 was filed by the Society through one Shri Shambhu Nath Rai, the Secretary. The said writ petition was disposed of finally with the observation that if the petitioners of the said writ petition make a repre ­sentation to the District Inspector of Schools, he shall decide the same within one month. The Asstt. District Inspector of Schools is also stated to have passed the order dated 25 -9 -1996 directing the salary accounts of the college to be operated jointly. Challenging the validity of the said order Civil Misc. -Writ Petition No. 33227 of 1996 was filed but the same was dis ­missed summarily with the direction to the District Inspector of Schools to decide the representation made by the respondent No. 3. In the meanwhile, the District In ­spector of Schools was transferred and Ann Civil Misc. Writ Petition No. 692 of 1997 was filed in which this Court vide order dated 27 -1 -1997 directed the Dy. Director of Education, XlVth Region, Azamgarh, to decide the representation filed by respondent No. 3. The operative portion of the said order is quoted below: - "The Deputy Director of Education, respondent No. 1 shall pass an appropriate order himself on the representation of the petitioner unless any other person is entitled to decide the dispute in regard to the Committee of Management in absence of the District Inspec ­tor of Schools, Ballia, respondent No. 1 shall pass the order within three weeks from the date of production of a certified copy of this order and a true copy of the writ petition." ;