- (1.) THE petitioner, claiming herself as the nominee of the life member of the Managing Committee of the Sri Balkrishna Vithalnath Vidyalaya, filed the instant writ petition challenging the legality of the notice dated 22nd June, 2012 issued by the Teacherin Charge of the said school for convening a meeting on 29th June, 2012 at 4 P.M. for holding election of office bearers of the Managing Committee of the said school. The said writ petition was initially moved on 29th June, 2012 when this Court passed an interim order by directing that the meeting which was scheduled to be held on 29th June, 2012 may be held, but the outcome of the said meeting will not be given effect to till 4th July, 2012. The said interim order was extended from time to time and the same is still continuing.
(2.) IT was contended by the petitioner that out of six elected guardian members five members have lost their membership as their wards either left the school or completed their studies in the said school subsequent to their election as guardian members. It was further contended that one of the teachers representative namely, Om Prokash Singh has subsequently been appointed as TeacherinCharge and, thus, he ceased to become a member under the teachers' category. Sometime thereafter, the said Om Prokash Singh was replaced by another teacher of the said school who is presently acting as Teacherin Charge of the said school and Om Prakash Singh has been reverted back to the post of Assistant Teacher of the said school. In this context it was contended by the petitioner that even though the said Om Prokash Singh is no longer acting as a TeacherinCharge of the said school as he has been reverted back to the post of Assistant Teacher of the said school but still then he cannot be permitted to represent the teachers of the said school as their representative in the Managing Committee of the said school, as his representative capacity in the teachers' category which was terminated on his appointment as teacherincharge, cannot revive on his reversion to the post of Assistant Teacher. It was further contended by the petitioner that out of fifteen members only five or six members are there from different categories and as such reconstitution of the Managing Committee with those five or six members cannot be made.
(3.) IN this context the legality of the said notice dated 22nd June, 2012 was challenged. In short it was contended by the petitioner that no meeting, in fact, could have been held on 29th June, 2012 for want of quorum, as presence of at least eight members was necessary for formulation of quorum. Since during the pendency of this writ petition election of the office bearers was held on 29th June, 2012 as per the schedule, the petitioner in the affidavit in reply filed by her to the affidavit in opposition filed by the respondent no. 6 challenged the legality of the election of the officer bearers in the meeting held on 29th June, 2012 on the ground of lack of quorum. It was contended by the petitioner that only seven members including Om Prakash Singh were present in the said meeting and as such no meeting could have been held on the said date for want of quorum. It was further contended by the petitioner that the presence of Om Prokash Singh who ceased to become a member under the teachers' category, cannot be counted. Thus, a question regarding legality of the election held on 29th June, 2012 was sought to be raised by the petitioner.;