COMMITTEE OF MANAGEMENT, TIWARI JWALA PRASAD ARYA KANYA INTER COLLEGE, ETAWA THROUGH ITS MANAGER AND ANOTHER Vs. STATE OF U.P.AND OTHERS

JUDGEMENT

(1.) HEARD Sri Arvind Srivastava, learned Counsel for the petitioners as well as learned Standing Counsel appearing for respondents No. 1 to 4 and Sri V.C. Mishra, learned Senior Counsel along with Sri K.M. Mishra, learned Counsel appearing for respondent No. 5 and have perused the record.

(2.) THE petitioner is aggrieved by an order dated 30.8.2008 passed by the Regional Committee, whereby the election of respondent No. 5, the Committee of Management has been recognized for a term of five years with effect from the date of election held in the year 2005.

(3.) IN a nutshell, the facts of the present case are that one election of the Committee of Management is said to be held by the respondent No. 5 on 21.5.2000, whereas the parallel election of the Committee of Management is said to be held by the petitioner on 25.5.2000. The election of respondent No. 5 was recognized and the signatures of Manager, Rakesh Mohan Mishra were duly attested. The same was challenged by the petitioner in writ petition, which was dismissed. The matter kept pending and several other writ peti­tions relating to the same issue were also filed and by a common judgment passed on 20.3.2003, a learned Single Judge of this Court disposed of all the writ petitions and directed the District Inspector of Schools to hold fresh elections in accordance with law. However, the said order was challenged in special appeal and by the judgment and order dated 3.9.2003, a Division Bench of this Court directed that the Regional Committee should decide the dispute in accordance with law, as it was pointed out that the term of the Committee of Management had been extended from three years to five years and thus the election held in the year 2000 would be valid till the year 2005.