COMMITTEE OF MANAGEMENT MUBARAKPUR INTER COLLEGE Vs. REGIONAL DEPUTY DIRECTOR OF EDUCATION SECONDARY AZAMGARH REGION

JUDGEMENT

(1.) This intra Court appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules has been filed against the judgment and order of the learned Single Judge dated 06.02.1997 passed in Writ Petition No. 26418 of 1996, Committee of Management Mubarakpur Inter College, Mubarakpur, Azamgarh v. Regional Deputy Director of Education, (Secondary), Azamgarh and Ors., whereby the writ petition was dismissed.

(2.) Dispute relates to Committee of Management of Mubarakpur Inter College, Mubarakpur, Azamgarh (hereinafter referred to as the Institution). The last election of the Committee of Management was held on 13.10.1991. The term of the management is 3 years 1 month. The next election according to the petitioner-appellant was held on 11.09.1994 and in that election the District Inspector of Schools was present and attested the signatures of appellant No. 2 and there was no rival claim in the aforesaid elections. Subsequently, on 10.07.1995 it is alleged that the District Inspector of Schools attested the signatures of Sri Parvez Ahmad who claimed to have been elected in election proceedings held on 30.10.1994. The appellant No. 2 filed Writ Petition No. 2067 of 1995, challenging the order dated 10.07.1995. The said writ petition was however, dismissed on 06.09.1995. The appellant, thereafter, filed special appeal being Special Appeal No. 637 of 1995. In the meantime, another writ petition was filed being Writ Petition No. 28020 of 1995 in which an interim order was granted on 29.09.1995. However, the special appeal filed against the same was allowed and the interim order was set aside. The matter was referred back to the Deputy Director of Education, who after hearing the parties passed an order dated 11.07.1996 again holding the elections dated 30.10.1994 to be valid. Against the said order the present Writ Petition No. 26418 of 1996 was filed in which the learned Single Judge affirmed the order of the Deputy Director of Education dated 11.07.1996 and accordingly dismissed the writ petition.

(3.) Aggrieved by the same present special appeal has been filed.