COMMITTEE OF MANAGEMENT SHIV SAHAI INTER COLLEGE DISTT KAPTUR DEHAT Vs. CIVIL JUDGE SENIOR DIVISION KANPUR DEHAT

JUDGEMENT

(1.) R. K. Mahajan, J. This writ peti tion is in the nature of certiorari quashing the order dated 25-4-97, Annexure-7 to the writ petition, passed by respondent No. 1. A prayer has also been made in the nature of mandamus commanding the respondent No. 3 to conclude the inquiry in compliance of order dated 11-4-97 within a specific period as fixed by this Court and order dated 11-4-97 may be restored.

(2.) THIS petition has arisen out of power struggle between two groups who want to control over the managing com mittee of the institution named Shiv Sahai Inter College. It is alleged that petitioner's institution is a recognised institution upto Intermediate and aided upto High School. It is governed by the provisions of Inter mediate Education Act and Payment of Salary Act is also applicable. According to the bye-laws of the Society and the Scheme of Administration, the Management is valid for three years one month. The elec tion of the Management was held on 13-3-94 and Rajendra Singh was elected as Manager and Shiv Nath Katiyar was elected as President of the Management of the institution.

(3.) LEARNED Counsel for the respon dent submitted that the order of the Civil Court is justified. The petitioner has no locus standi to file the instant writ petition as he is not a member of the managing committee. He further submitted that there is a difference between the member of the society and member of the managing committee. He further submitted that even the order passed by the Deputy Director of Education is subject to chal lenge in competent court of law and the Civil Court has jurisdiction to adjudicate the matter. He has further submitted that under the scheme of administration, the elections have been held to be valid.