- (1.) These are two identical connected writ petitions by which the order dated 19-6-1997 passed by the District Inspector of Schools (for short 'DIOS'), Azamgarh has been challenged. The difference in the two writ petitions is that over and above the relief claimed in Civil Misc. Writ No. 21044 of 1997, an additional prayer for appointing the Authorised Controller to manage the affairs of the institution during the pendency of the writ petition has been made in the subsequent writ petition No. 26286 of 1997. Since the controversy involved in the two writ petitions requires scrutiny of the validity or otherwise of the same order and the pleadings of the parties are almost identical, it is proposed to decide these two writ petitions together by this common judgment. Reference to various annexures is with regard to the documents filed in Civil Misc. Writ No. 21044 of 1997.
(2.) There is a registered society known as Janta Shiksha Parishad under the aegis of which a recognised and aided educational institution, namely, Janta Inter College which is governed by the provisions of U. P. Intermediate Education Act, 1921 is run at Bagar Gosai, Haraiya, in district Azamgarh. Administration of the institution is run and managed by a committee of management which is constituted under the duly approved Scheme of Administration. It is an admitted fact that the last elections to constitute a new committee of management were held on 29-5-1994 in which Shiv Shankar Singh and Amresh Chandra Pandey - Petitioner No. 2 were elected respectively as the President and Manager. The Committee of Management of which Amresh Chandra Pandey was the manager, was duly recognised on 15-7-1994 on which date his signatures were attested. The term of the committee of management is three years.
(3.) The case of the petitioners is that till the elections are held to constitute the new committee of management in accordance with the Scheme of Administration, the outgoing committee is to continue and that the term of three years is to be reckoned with effect from 15-7-1994 on which date the erstwhile committee came into being. With a view to constitute a new committee of management, a meeting was called on 10-5-1997 in which it was resolved that the elections be heldduring the period 20th to 30/06/1997. Subsequently, it was resolved that the elections be held on 22-6-1997 and on 25-5-1997, the DIOS was informed of the said fact by Annexure 6 to the writ petition. A list, Annexure 7 to the writ petition, of 79 members, who were entitled to vote was also sent to the DIOS, Sri Krishna Kumar Singh, Advocate was appointed as Election Officer and an agenda notice, Annexure 9, was circulated on 30-5-1997 which provided that nomination shall be filed on 20-6-1997 and that the date of polling after withdrawal of nominations by the specified date shall take place, if necessary, on 22-6-1997. A copy of the agenda item was also sent to the DIOS on 29-5-1997. It was also published in 'Dainik Dev Bratta', a local daily, on 31-5-1997. On the same day, a communication was sent to the DIOS, Annexure 12, to nominate an observer for the elections to be held on 22-6-1997. This letter was received in the office of the DIOS on 2-6-1997. The Regional Deputy Director of Education (for short 'RDDE') was also informed about the convention of the general body for the purpose of election letter dated 31-5-1997, Annexure 13 to the writ petition. It appears that there was a move afoot to hold parallel elections by one Jagdish Dubey on the basis of the list of 215 members of the general body. The petitioners, apprehensive as they were, informed the RDDE Azamgarh by addressing him letter dated 3-6-1997, and prayed that the DIOS be required to prevent the alleged elections which are to take place on 4th/ 5/06/1997. Smt. Sarita Yadav, RDDE Azamgarh brought the above facts to the notice of the DIOS by addressing him a letter dated 4-6-1997, Annexure 15, and directed him to ensure that the elections are held according to the amended Scheme of Administration by the members of the general body. On 9-6-1997 a letter, Annexure 16, was sent again making a request to the DIOS to nominate an observer. This letter was followed by reminders dated 13-6-1997 and 18-6-1997, Annexures 17 and 18. The DIOS did not nominate any observer. He, however, sent a communication dated 12-6-1997 addressed to the petitioner No. 2, Amresh Chandra Pandey, Jagdish to the petitioner No. 2, Amresh Chandra Pandey, Jagdish Dubey and the Principal of the college to appear before him for hearing in connection with the managerial election of the institution. These persons were directed to produce the necessary documents in original, in support of their respective contentions. The details of the documents which they were required to produce, in original, are listed at Sl. Nos. 1 to 7 in the letter aforesaid. On the date fixed, i.e. 19-6-1997, a meeting was held. It appears that the elections were held to constitute the new committee of management at the instance of the outgoing committee of management on 22-6-1997 in which Shiv Shankar Singh and Bechu Prasad Gupta were respectively elected as Manager and President of the Committee. On 23-6-1997, the DIOS was informed of the result of the election with the prayer that the new committee of management of which Shiv Shankar Singh had been elected as Manager, be recognised. According to the petitioners, they had received the letter, Annexure 22, purporting to be dated 19-6-1997 on 25-6-1997 whereby recognition to the committee of management, of which Indrasan Rai was alleged to have been elected as Manager, was recognised and his signatures had been attested. According to the petitioners, the letter, which was received on 25-6-1997 was ante-dated to 19-6-1997 by the DIOS deliberately to help the alleged newly elected committee of management of which Indrasan Rai is said to have been elected as Manager. It is alleged that Jagdish Dubey, who was present in the meeting dated 10-5-1997 and who had signed the proceedings book, had no authority or competence to hold the parallel elections, which are alleged to have taken place on 5-6-1997. The petitioners have went on to allege that the then DIOS has colluded with Jagdish Dubey and others and it was at his behest that illegal elections had taken place on 5-6-1997 and which have come to be recognised by him. It is prayed that the impugned order dated 19-6-1997, Annexure 22 to the writ petition, passed by the DIOS Azamgarh be quashed and that the respondents be commanded not to take any action in pursuance of the aforesaid order and should refrain from interfering in the functioning of the petitioners to manage the affairs of the institution.;