RAJIV JOSHI,J. - (1.) Heard Sri G.K. Singh, learned Senior Advocate, assisted by Sri Bheem Singh, counsel for the petitioners, learned standing counsel appearing for the State-respondents and Sri R.K. Ojha, Senior Advocate assisted by Sri Satya Prakash Singh, counsel for respondent no. 5. Perused the record.
(2.) By the present petition under Art. 226 of the Constitution, the petitioners challenge the impugned order dated 25.10.2019 passed passed respondent no. 2- Regional Level Committee as well as the consequential order dated 30.10.2019 passed by respondent no. 4-DIOS, by which election of the respondent no. 5 as Manager of the committee of management has been approved and his signatures have been attested.
(3.) In assailing the orders impugned, contention of the learned counsel for petitioners is that admittedly there has been no dispute with regard to the earlier elections and for the first time, two elections were held on the same day i.e. 10.12.2017. The election of the petitioners' committee was held in presence of the observer and there was no such observer for holding the election of respondent no. 5-committee. It is next submitted that earlier vide order dated 22.12.2018, the election of the petitioners' committee conducted in presence of the observer, was approved by the Regional Level Committee and accordingly petitioner's signatures were also attested. Aggrieved by the said order, the respondent no. 5 filed a writ petition before this Court being Writ Petition No. 2615 of 2019 and the High Court vide order dated 6.3.2019 remitted the matter to the Regional Level Committee for deciding the dispute afresh. After the remand, the Regional Level Committee vide its order dated 8.8.2019 upheld the election of the petitioners' committee pending submission of report by the Registrar, Firms Societies and Chits, Lucknow and the matter proceeded with the Regional Level Committee, in which according to the petitioner, the entire hearing was completed on 4.10.2019. The respondent no. 5 in his claim before the Regional Level Committee admitted that they held elections on the basis of approved list of 141 members. A report dated 11.10.2019 was submitted by the Registrar, Firms Societies and Chits, Lucknow wherein it was reported that registration of the society namely Adarsh Junior High School Association, Ronija, Post Khas, Gautam Budh Nagar Renewal No. 716(Chha) 2010 dated 19.10.2010 was never issued by his office; that list of 88 members was never approved and that list of 111 members of Adarsh Uchchatar Madhyamik Vidyalaya was approved. Considering the said report, the impugned order has been passed recognizing the election of the committee of respondent no. 5 held on the same day i.e. 10.12.2017.;