COMMITTEE OF MANAGEMENT, MAHATMA GANDHI INTER COLLEGE, MADHPURA AND ANR. Vs. DEPUTY DIRECTOR OF EDUCATION KANPUR REGION AND ORS.

JUDGEMENT

(1.) ALL these writ petitions are being disposed of together as the subject matter of dispute relates to the election of office bearers and effective control of the Committee of Management of the same Institution between the same parties. The learned Counsel for the parties have no objections for the disposal of the above writ petitions as the dispute relating to the election of the office bearers and the effective control of the Committee of Management of the Institution which was directed to be resolved by the Deputy Director of Education, D.D.E. for short by the order dated 1 -1.1 -91 of this Court has now been decided by order dated 25 -1 -1992.

(2.) THE Institution Mahatma Gandhi Inter College, Madhpura, hereinafter referred to as the Institution, is a recognised Institution under the provisions of the Intermediate Education Act, hereinafter referred to as the Act, and is managed under the Scheme of Administration. The undisputed elections of the Committee of Management were held on 21 -8 -1988 in which Sri Vishun Chandra Tiwari was elected as the President and Smt. Mira Agnihotri as the Manager. Two sets of rival Committee of Management claimed their elections to be held one on 22 -9 -1991 in which one Sri Suresh Narain Shukla claimed to be elected as President and Sri Sarvendra Kumar Avasthi as the Manager. In the other election held on 19 -9 -1991 Sri Vishun Chandra Tiwari was elected as President and Smt. Mira Agnihotri as the Manager.

(3.) IN Writ Petition No. 31739 of 1991. the Committee of Management of Institution through the Manager, Smt. Mira Agnihotri prayed for quashing the order dated 3 -10 -1991 by which the D.I.O.S. had attested the signatures of Sarvendra Kumar Avasthi. This Court passed the following order on 1 -11 -1991: