S.B. Sinha, J. - (1.) This appeal is directed against a judgment and order dated 14.6.99 passed by a learned Single Judge of this court in W.P No. 12091 (W) of 1999 whereby and whereunder the writ application filed by the appellant herein was disposed of directing : "Under such circumstances, such aspect cannot be given a go-bye only on the basis of the rule 26 of the Procedure for Holding Election. However, the existing Managing Committee will look after the day to day business but will not be able to take policy decision till the finalisation of the issue by the Board. For the purpose of disbursing any salary in the meantime, no account will be operated without countersigned by the concerned Dist. Inspector of Schools on the strength of the order. The Board is directed to consider the representation finally and pass the necessary order positively within a period of four weeks from the date of communication of this order upon giving an opportunity of being heard to the petitioner and by passing a reasoned order thereon. The concerned Dist. Inspector of Schools is directed to co-operate with the newly elected Managing Committee by attesting the signature of the concerned person of the Managing Committee in handling and operating the accounts of the concerned school. For the purpose of effective adjudication a copy of this writ petition along with all annexures can be treated as representation of the petitioner. As no affidavit-in-opposition has been filed, the allegations contained in this writ petition are not admitted."
(2.) The only question which arises for consideration in this appeal is as to whether in view of Para 26 of the Procedure for Holding Election, the impugned order can be sustained. A bare perusal of the impugned order clearly goes to show that a Managing Committee has been constituted and even the official nominees have been nominated. In terms of Para 26 of the Procedure for Holding Election the Managing Committee is to discharge all functions engrafted in Rule 28 of Rules for Management of Recognised Non-Government Institutions (Aided and Unaided), 1969 (hereinafter referred to as 'Management Rules').
(3.) It is one thing to say that election of a Managing Committee has not been validly held and it is another thing to say that Managing Committee so elected is entitled to perform its duties or not. A Managing Committee elected in terms of the said Rules will be deemed to have been validly elected unless the appropriate authority holds otherwise on application filed in terms of Paragraph 34 thereof.;