COMMITTEE OF MANAGEMENT, S.B. INTER COLLEGE, AZAMGARH AND ANOTHER Vs. JOINT DIRECTOR OF EDUCATION, AZAMGARH AND OTHERS

JUDGEMENT

(1.) HEARD Shri Indra Raj Singh, the learned Counsel for the petitioner and Shri P.N. Saxena, the learned Senior Counsel, duly assisted by Shri P.C. Srivastava, the learned Counsel for the rival Committee of Management (respondent No. 4), and the learned Standing Counsel for the State respondent. The outgoing Committee of Management intimated the authorities that an election of the Committee of Management would be held on 9th of October, 2005. The District Inspector of Schools appointed an Assistant District Basic Shiksha Adhikari as the observer by an order dated 3rd of October, 2005. The Assistant District Basic Shiksha Adhikari filed a report indicating that the petitioner was elected as the new Committee of Management. One Dr. Awadh Raj Mishra, alleging himself to be the Election Officer, also submitted a similar report indicating that the petitioner was elected as the Committee of Management. The matter came up before the Regional Committee under section 16 -A(7) of the U.P. Intermediate Education Act and respondent No. 4 also placed its claim as the valid Committee of Management. The Regional Committee, after considering the material evidence brought on the record, held that the election conducted by the petitioner cannot be given recognition as it was an illegal election and further recognised the election of respondent Nos. 3 and 4 as the valid Committee of Management. The petitioner, being aggrieved by the said order, has filed the present writ petition.

(2.) IT transpires that there was an earlier round of litigation which was disposed of by an order dated 18th January, 2006 and one such direction was that the election should be strictly held in accordance with the provisions contained in the bye -laws of the Society.

(3.) ON the other hand, Shri P.N. Saxena, the learned Senior Counsel for respondent Nos. 3 and 4 submitted that the Regional Committee was justified in rejecting the election of the petitioner on the ground that the election was conducted from a list of members, which was not given by the outgoing Committee of Management and which was a list submitted by the petitioner themselves to the Assistant District Basic Shiksha Adhikari.