Sudhir Narain, J. - (1.) The petitioners filed writ petition seeking writ of certiorari quashing the order dated 26th August, 1997, passed by the District Inspector of Schools, Mau, respondent No. 1 whereby he prepared the list of the members of Bramharshi Shri Ram Krishna Inter College. Walidpur, District Mau (hereinafter referred to as the Institution).
(2.) In respect of the election of the Committee of Management of the Institution two writ petitions were filed numbered 18284 of 1989 and 31252 of 1990. These writ petitions were held to be infructuous as the term of the Committee of Management had expired. The Court dismissed the writ petitions with the following observations : "In that view of the matter these two writ petitions are dismissed as having become infructuous, with a direction to the District Inspector of Schools to decide the rival claim of membership after scrutinishing the list of members submitted by both the parties, by affording reasonable opportunity of hearing within a period of four weeks from the date a certified copy of this order is produced before him. The District Inspector of Schools, Azamgarh shall also take steps to appoint the Authorised Controller, if not already appointed, in respect of the institution, who will manage the affairs of the institution. The District Inspector of Schools shall also take steps for conduct of the election of the institution, after the list of members are scrutinised, through the Authorised Controller, in accordance with law, within a period of six weeks from the date of finalisation of the members list." The district Inspector of School gave notice to the parties concerned and three sets of the lists of the members were produced before him. One list was submitted by Surya Bhan Ojha, petitioner No. 2, second by Shyam Narain Rai and the third list was produced by Pradumn Nath Mishra. There was dispute in the Civil Court in respect of the members of the Institution in the year 1961, which was decided on the basis of the consent of the parties. This list was also taken into account by the District Inspector of Schools. He did not accept the list submitted by petitioner No. 2 and the lists submitted by Hari Narain Rai, Shyam Narain Rai and Pradumn Nath Mishra were accepted as correct.
(3.) On this petition this Court passed on interim order on 19th September, 1997-"the election shall be held but its result shall not be declared, which will be subject to the decision of this petition, till the next date of listing". The election took place on 21-9-1997 and the result was also declared on the same day. The signature of the Manager, Shri Shyam Bihari, was attested on 22-9-1997. The petitioner thereafter has filed application for amendment of the writ petition seeking to quash the attestation of the signature of Shri Shyam Bihari Tiwari dated 22-94997.;