Dilip Gupta, J.@mdashInter College, Hardoi Gujar, Jalaun (hereinafter referred to as the ''Institution'') and Brij Bhushan Mishra, claiming himself to be the President of the Committee of Management of the Institution have filed this petition for quashing the order dated 6th March, 2010 by which the Authorized Controller has finalized the list of Electoral College for holding the elections of the Committee of Management of the Institution.
2. Sri N.K. Pandey, learned Counsel appearing for the Caveators has, however, stated that the elections have been notified to be held in the 1st week of April, 2010 though this fact is disputed by Sri M.M. Sahai, learned Counsel appearing for the petitioners.
3. It transpires from the records of the writ petition that respondent No. 4 Jugal Kishore Tiwari, earlier filed Writ Petition No. 69593 of 2009 for a direction upon the Joint Director of Education (Secondary) Jhansi Division Jhansi, to ensure that the election for constituting the Committee of Management of the Institution is held within a fixed time frame. This petition was disposed of by this Court by the judgment and order dated 22nd December, 2009 with the following observations:
The learned Counsel for the petitioner urged that the Prabandh Sanchalak is continuing to manage the affairs of the Institution in question since 1996. It is further submitted that despite the government orders and the statutory provisions, elections are not being held and the Prabandh Sanchalak is continuing. In these circumstances the limited prayer is made that a direction be issued to the Joint Director of Education (Secondary), Jhansi Division Jhansi/Respondent No. 3 to ensure that elections are held for constituting the Committee of Management of the Institution in question within a fixed time frame.
Considering the facts and circumstances, the Joint Director of Education (Secondary), Jhansi Division Jhansi/Respondent No. 3 is directed to ensure that if the facts as stated by the petitioner are correct, the elections for constituting the Committee of Management are held in accordance with law and as per the scheme of administration, within a period of two months from the date of production of a certified copy of this order.
3. Pursuant to the aforesaid directions issued by this Court, the Authorized Controller issued a notice dated 31st January, 2010 that the elections of the Committee of Management of the Institution have to be held within two months'' and, therefore, persons claiming to be members of the General Body can submit documents in support of their claim by 15th February, 2010 so that the elections can be held within the time fixed by the Court.
4. Another communication dated 24th February, 2010 was sent by the Authorized Controller to Brij Bhushan Mishra, Petitioner No. 2 as well as Jugal Kishore Tiwari, respondent No. 4 to submit their objections regarding the variation in the two lists of the members of the General Body by 3rd March, 2010. Thereafter the Authorized Controller finalized the list by the order dated 6th March, 2010 which has been impugned in the present petition. Sri M.M. Sahai, learned Counsel for the petitioners submitted that the list so finalized by the Authorized Controller is not correct inasmuch as he has discarded the 44 members of the petitioner''s list by holding that their membership was not in accordance with the Scheme of Administration and nor they had deposited the membership fee.
5. It is seen that the Authorized Controller has been managing the affairs of the Institution since 1996. On 22nd December, 2009 the Court directed the Joint Director of Education (Secondary) to ensure that the election for constituting the Committee of Management is held as per the Scheme of Administration within two months. This period of two months has expired. The electoral College has been finalized by the Authorized Controller and the elections for constituting the Committee of Management of the Institution are to be held. It will, therefore, not be appropriate for this Court to interfere with the order finalizing the Electoral College at this stage, particularly, in view of the Full Bench decision of this Court in
6. The petitioners can raise all such objections regarding the validity of the electoral College after the elections are held and the result is declared before the District Inspector of Schools or the Regional Level Committee, as the case may be, and the Court has no reason to doubt that in case such objections are raised, they shall be considered by the District Inspector of Schools or the Regional Level Committee.
7. The petition is dismissed subject to the aforesaid observations.
