Pratap Kr. Ray, J. - (1.) Heard the learned advocates appearing for the parties. Both the writ applications are taken up together for hearing. In the writ application being W.P. 2625(W) of 2003, a challenge has been made on issue of placement of a candidate as Secretary of the Organising Committee, Boldiabasha Junior High School, Uttar Dinajpur, by assailing the decision as communicated on 13th March, 2003 by the Secretary, West Bengal Board of Secondary Education, communicating the decision of the Executive Committee dated 27th December, 2002 of the said Board. Without going into rival contentions of the parties in between the petitioner qua respondent concerned, both are members of Organising Committee, this writ application could be dismissed only on ground that once there is a formal recognition of the school, there is no scope of existence of any Organising Committee. Further in terms of the circular letter as produced, it appears that when the school is under provisional recognition, the Organising Committee is set up and thereafter on formal recognition of the school, the management of the school goes in the hands of elected body following the election in terms of Management Rules, 1969 read with election procedures prescribed by the West Bengal Board of Secondary Education. Both the parties contended that election has been held following the Rule but the result as yet has not been declared since there is an order of injunction restraining such declaration without leave of the Court passed by Indira Banerjee, J. on 21st February, 2003, in W.P. 2625(W) of 2003. Having regard to the legal position that no Organising Committee can function, the impugned decision as well as the functioning of the Organising Committee all are set aside be quashed. The writ application, accordingly stands disposed of.
(2.) The election of the Managing Committee as already been held is the subject matter of W.P. 2625(W) of 2003, upon being challenged by the petitioner therein, also can be disposed of by order of dismissal of the said writ application since under clause 34 of the procedure of election issued by West Bengal Board of Secondary Education, there is a provision for raising any election dispute to the appropriate authority at any stage. Having regard to such statutory provision and to the settled law that in any election matter, the Court will not interfere with when the election process is continuing, the writ application being W.P. 2625(W) of 2003 accordingly stands dismissed. However, the petitioner of writ petition No. W.P. 2625(W) of 2003, would be entitled to raise the election dispute in terms of clause 34 of procedure for holding election as already referred to before the appropriate forum and in the event of filing such dispute, the same to be adjudicated upon by the appropriate authority within two months from the date of filing of such on hearing the selected Managing Committee as well as the other parties concerned. All interim orders passed in the said writ proceeding are accordingly vacated. Now the concerned respondent would be entitled to declare the result of the election and the elected body will start functioning by holding election of office bearers and others. So long the off ice bearer election is not being held, to avoid the vacuum in the management of the school, the District Inspector of Schools (SE) Uttar Dinajpur is directed to depute one of his officers as a Special Officer empowering him to discharge the functioning of the Managing Committee of the school. It appears that the tenure of the Organising Committee has been extended till 28th February, 2003, or till the date of election of office bearer or until further order whichever is earlier. However, it is submitted by the learned advocate for the petitioner Mr. Md. Abdul Haque that the tenure of the Organising Committee has been extended till 31st December, 2003. In view of my findings, as aforesaid, there is no scope of functioning of the Organising Committee for indefinite period by way of extension one after another and having regard to such, the Memo No. 5257/G/1 dated 19th September, 2002 issued by the Secretary of the West Bengal Board of Secondary Education extending the tenure of the Organising Committee which has been produced before this Court by the learned advocate appearing for the said Board as well as the further order extending the tenure till the 31st December, 2003, both are quashed and set aside.
(3.) Let urgent Xerox certified copy of this order duly counter-signed by an Assistant Registrar (Court) be made available to the learned advocates appearing for the parties. Orders accordingly. ;