MOIN UDDIN Vs. IFTEKHAR HUSAIN AND ORS.

JUDGEMENT

(1.) THESE two appeals arise out of a common judgment delivered in two separate writ petitions, one filed by the Committee of Management, Ansar Inter College Moradabad through Israr Husain as Manager and the other writ petition No. 33470 of 2010 filed by eleven persons claiming themselves to be the members of the general body challenging the order dated 5th May, 2010 passed by the Regional Level Committee headed by the Joint Director of Education.

(2.) THE second writ petition also assails the consequential publication of the election programme that were scheduled to be held on 8th June, 2010 as a consequence of the order of the Regional Level Committee.

(3.) THERE was a dispute pending relating to the membership of the electoral college. The parent society registered under the Societies Registration Act is known as Ansar Vernacular Middle School, Moradabad. The membership issue was sought to be resolved for the purpose of holding the elections of the Committee of Management of the Institution in relation whereto this High Court issued directions on 11th December 1998. This direction was issued to the Regional Joint Director of Education in Writ Petition No. 41691. After hearing the parties concerned, an order was passed on 7th June 1999 whereby District Inspector of Schools was directed to get the elections held from the undisputed original list of 115 members. Accordingly, the membership was finalized on 12th July, 1999 and elections from amongst the said electoral college were held on 29th July, 1999. In the aforesaid elections Moinuddin, the Appellant was elected as a President and the Respondent Israr Husain was elected as the Manager.