TARUN AGARWALA,J. - (1.) THIS petition has been filed at the instance of the life members, who allege that the election conducted by the Committee of Management, respondent No.5 was wholly illegal, inasmuch as, the said election was conducted after the expiry of four years and one month, as contemplated in the Scheme of Administration of the society. This Court, by an interim order dated 16.7.2009 had directed the Regional Joint Director of Education to appoint an authorised controller. The learned standing counsel, Sri S.S. Sharma has submitted that an Associate District Inspector of Schools has been appointed as the authorised controller and that he has taken the charge of the institution.
(2.) THE Committee of Management, respondent No.5 was granted two weeks' and no more time to file a counter affidavit, in spite of which, no counter affidavit has been filed. In Rajendra Singh Vs. State of U.P. And others, 2004 (1) UPLBEC 995, a Division Bench has held that the Committee of Management cannot hold an election after its term had expired.
(3.) THE record indicates that the term of the Committee of Management had expired on 13.9.2005 and the election was held after the expiry of almost five months on 28.2.2006. Consequently, the election of the Committee of Management could not have been conducted after the expiry of the period. The election so conducted was a void election.;