COMMITTEE OF MANAGEMENT, SRI RAGHUBAR DAYAL PATHAK INTER COLLEGE, ETAWAH, THOUGH ITS MANAGER KRISHNA MURARI PATHAK Vs. COMMITTEE OF MANAGEMENT, SRI RAGHUBAR DAYAL PATHAK INTER COLLEGE, ETAWAH THROUGH ITS ALLEGED MANAGER RRIJ BIHARI LAL PATHAK AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the appellant and also perused the judgment of Honourable Single Judge.

(2.) Instant appeal, under the Rules of the Court, is preferred against the judgment of the Honourable Single Judge dated 3.3.2006 in Civil Misc. Writ Petition No.46477 of 2005 allowing the writ petition of the petitioner-respondent.

(3.) Shri Y.K. Saxena, learned counsel for the appellant vehemently contended that since the orders dated 21.6.2005 and 22.6.2005 had not been set aside by the Honourable Single Judge thus, the respondent-appellant has a right to manage the institution and the Honourable Single Judge ought not to have appointed the authorised controller and directed to hold fresh election. We do not find any substance in the submission. The Honourable Single Judge has found that the alleged election held in the year 1999 by which the appellant committee of management was elected and the subsequent election held in the year 2002 were not valid and thus, set aside the same and directed the Joint Director of Education to appoint an independent officer of the Education Department for holding fresh election of the committee of management within fifteen days from the date of production of certified copy of the order of the Honourable Single Judge. It has further been provided in the order under appeal that the election officer, so appointed by the Joint Director of Education, shall publish a tentative list of the members, who are entitled to participate in the election and shall also invite objections and thereafter he shall decide those objections by a speaking order within four weeks thereafter and conduct the election of the committee of management in accordance with the approved scheme of administration.