JUDGEMENT
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(1.)The Committee of Management of Anjuman Hidayatul Islam High School and Mohd. Idarish Ansari claiming himself to be the Manager have filed this petition for quashing the order dated 25th July, 2013 passed by the District Inspector of Schools, Etawah by which he has cancelled the earlier order dated 20th February, 2013 passed for attesting the signatures of petitioner no.2-Mohd. Idarish Ansari as Manager on the basis of the election held on 10th February 2013 for constituting the Committee of Management of the Institution and a further direction has been issued for holding fresh election for constituting the Committee of Management of the Institution. The District Inspector of Schools has also ordered that till such time as fresh elections are held and the signatures of the elected Manager are attested, the payment of the salary to the staff of the Institution shall be made through the District Basic Education Officer, Etawah and the Finance and Accounts Officer in the office of the District Basic Education.
(2.)It is stated that pursuant to the directions issued by the Court on 4th January, 2012 in Writ Petition No.42193 of 2012, an order dated 13th March, 2012 was passed by the District Inspector of Schools for appointment of the Principal of the Government Inter College as the Election Officer for holding election to constitute the Committee of Management of the Institution. Thereafter, the election was held on 10th February, 2013 and petitioner No.2-Mohd. Idarish Ansari was elected as the Manager. These proceedings were submitted to the District Inspector of Schools on 12th February, 2013. The District Inspector of Schools approved the said election by the order dated 20th February, 2013 and attested the signatures of petitioner no.2-Mohd. Idarish Ansari as the Manager of the Committee of Management of the Institution.
(3.)It also transpires that respondent no.3-Mohd. Safique Ahmad Ansari filed Writ Petition No.11294 of 2013 for quashing the order by which the Election Officer had declared the election result. The Court, after observing that the elections of the Committee of Management of the Institution cannot take effect unless they are approved by the Competent Authority, disposed of the writ petition on 4th March, 2013 by providing that Mohd. Safique Ahmad Ansari could submit a representation to the District Inspector of Schools who, before approving or disapproving the election of the Committee of Management of the Institution, shall consider and decide the same in accordance with law by means of a reasoned speaking order after affording opportunity of hearing to the parties concerned.
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