O.P.Garg, J. - (1.) There is an Intermediate College, siluate at Pipara, Ramdhar, Salempur, in district Deoria, with the name of Gautam Inter College, which is duly recognised by the Board of High School and Intermediate Education and is governed by the rules and regulations framed under the U. P. Intermediate Education Act, 1921 (hereinafter referred to as 'the Act'). The said college is run and managed by a Committee of Management, which is elected according to the terms and provisions of the scheme of administration. The parent society under the aegis of which the college is run, is known as Gautam Shiksha Samiti, which is a body registered under the Societies Registration Act.
(2.) In the present petition, under Article 226 of the Constitution of India, a dispute has been raised about the constitution and election of the new Committee of Management. Last undisputed elections of the Committee of Management were held on 9.12.1990. Subsequently, a dispute arose between the two rival Committees of Management. Viswanath Misra. present respondent No. 4 asserted that the Committee of Management of which he was the Manager, was elected in the elections held on 4.7.1993 while another body of persons headed by Radhey Shyam Shukla claimed that a new Committee of Management came into being in pursuance of the election held on 24.10.1993. It appears that Vishwanalh Misra was recognised to act as Manager and consequently. Radhey Shyam Shukla filed Civil Misc. Writ Petition No. 28105 of 1995. The said writ petition was disposed of by this Court by order dated 28.9.1995 whereby it was directed that the Deputy Director of Education (for short 'D.D.E.') shall decide the dispute with reference to the provisions of Section 16A (7) of the Act. After taking into consideration the respective submissions of the rival contesting parties and the documents placed by them, the D.D.E. by order dated 23.5.1996 held that neither of the elections, as set up by Vishwanath Misra on the one hand, and Radhey Shyam Shukla, on the other, were held according to the scheme of administration and none of the Committees could be recognised as they were illegally constituted. He. therefore, appointed a Prabandh Sanchalak with the direction that fresh elections shall be held within a period of three months. This order of the D.D.E. came to be challenged in Civil Misc. Writ Petition No. 19406 of 1996 filed by Vishwanath Misra, the present respondent No. 4 and in Civil Misc. Writ Petition No. 30479 of 1996. filed by Narvadeshwar Misra, Joint Secretary of the society. Civil Misc. Writ Petition No. 19406 of 1996 was dismissed as not pressed on 18.9.1996 while Civil Misc. Writ Petition No. 30479 of 1996 was disposed of on 20.9.1996 with the direction that the election process shall be initiated/commenced within a month.
(3.) Ultimately, Daya Shankar Singh, Vice Principal. Government Inter College, respondent No. 3 who was at the relevant point of time performing the duty of Prabandh Sanchalak, held elections on the basis of the list of the members of the General Body supplied by the Assistant Registrar through letter dated 3.1.1998. In that election, Vishwanath son of Ram Naraln respondent No. 4 was elected as Manager, besides other officebearers. The Authorised Controller submitted a report dated 16.1.1998. Annexure-7 to the writ petition, to the District Inspector of Schools (for short 'D.I.O.S.') and thereafter, on 19.5.1998, signatures of Vishwanath-respondent No. 4 were attested and in this manner, the Committee of Management of which Sri Vishwanath Misra. son of late Ram Narain is the Manager came to be constituted and recognised in pursuance of the elections held on 16.1.1998.;