- (1.) Golgram Golam Imam High School was being managed by the Managing Committee in which the appellant was the Secretary. The term of the said Managing Committee was to expire on February 16, 2009. Under the appropriate Rules the out-going Managing Committee had an obligation to take steps for reconstitution of the Managing Committee. Accordingly, steps were taken. The Headmaster of the concerned school published a time schedule for holding election for the next Managing Committee as would appear from the programme schedule appearing at page 25 of the paper book. As per the said programme the election was to be held on December 14, 2008.
(2.) Mr. Ranajit Chatterjee, learned Counsel, appearing for the Headmaster, contends on instruction that initially apprehending breach of peace he asked for police assistance. The concerned Officer-in- Charge did not act upon the same. The Officer-in- Charge, however, by a letter dated November 27, 2008 appearing at page 80 of the paper book informed the Headmaster that there was every possibility of breach of peace at the time of holding the election and, as such, requested the Headmaster to change the election schedule. Apprehending such breach of peace, the Headmaster rescheduled the election and issued a notice dated November 29, 2008 appearing at page 27 of the paper book. The Election was rescheduled and was duly held on January 11, 2009. There were about 750 students in the concerned school having almost identical number of guardians. Out of them 6 guardians being the respondent Nos.1 to 6 approached the West Bengal Board of Secondary Education by making a grievance appearing at pages 30-31 of the paper book and thus raised an election dispute. Such letter depicts that the objectors took exception to the rescheduling of the election programme, that too, at the instance of the Officer-in- Charge who had no authority to interfere with the matter. It was also complained that no information of change of schedule was informed to them. The said letter was posted on January 28, 2009 as would appear from page 35 of the paper book. They immediately approached the learned Single Judge by filing a writ petition affirmed on February 06, 2009, inter alia, asking for cancellation of the election in guardians' category. They also asked for order of injunction restraining office bearers' election. The learned Single Judge passed interim orders from time to time directing stay of office bearers' election. The learned Judge also asked Drawing and Disbursing Officer appointed in the said school to carry out the day to day affairs. We are told, although the writ petition was disposed of finally by the judgment and order dated September 17, 2009, the said Drawing and Disbursing Officer is still managing the affairs of the school. The writ petition was finally disposed of by His Lordship's judgment and order dated September 17,2009 appearing at pages 85-88 the paper book.
(3.) On perusal of the said judgment and order, it appears that the learned Single Judge directed a fresh election of the Managing Committee. His Lordship, however, did not assign any reason why fresh election was required to be held although the writ petition pertained to a dispute with regard to guardians category only. His Lordship also directed process of pension papers of the Headmaster, although not being a subject-matter therein. Being aggrieved by the said order, the out-going Secretary came up in appeal before us.;