V.K. Shukla, J. - (1.)Civil Misc. Writ Petition No. 55460 of 2006 has been filed by Committee of Management, Saraswati Bal Mandir Uchchattar Madhyamik Vidyalaya, Jaunpur, through its Manager, Ram Lakhan Pandey, assailing the validity of order dated 26.08.2006 passed by Regional Level Committee, Varanasi, holding therein that Ram Lakhan Pandey is not even primary member of the General Body of the society, and further holding that elections with Smt. Shashi Singh as Manager are valid elections and are liable to be recognized.
(2.)Civil Misc. Writ Petition No. 17035 of 2007 has been filed by Raj Bali Tiwari, claiming himself to be member of the general body of the society, questioning the validity of the same decision dated 26.08.2006 taken by Regional Level Committee, recognising Smt. Shashi Singh as Manager of the Committee of Management and further for a writ in the nature of mandamus restraining her from functioning as Manager of the Committee of Management pursuant to election dated 8th Sept., 2004 and further directing the respondents to conduct free and fair election of the Committee of Management of the institution in question strictly in consonance with the provisions as contained in the Scheme of Administration within one month.
(3.)Brief background of the case, as mentioned in the writ petition, is that in district of Jaunpur, there is a Higher Secondary School known as Saraswati Bal Mandir Uchchattar Mdhyamik Vidyalaya, Jaunpur, which is an institution recognised under U.P. Intermediate Education Act, 1921. Ram Lakhan Pandey is claiming himself to be founder member of the society. Institution has its own Scheme of Administration framed in exercise of authority vested under Sec. 16-A of the U.P. Intermediate Education Act, 1921. Last elections of the Managing Committee of the institution were held on 12.09.1999, wherein Ram Sukh Upadhyaya was elected as President, Smt. Shail Singh as Manager and Dr. Hari Prasad Tripathi as Deputy Manager, along with other office bearers. Said Committee was duly recognised by District Inspector of Schools and the tenure of the said Managing Committee has been alleged to be five years. Ram Lakhan Pandey who had ben functioning as Principal, retired on 30.06.2000. Smt. Shail Singh died on 16.04.2003, and thereafter by means of resolution dated 04.05.2003 passed by Committee of Management, Dr. Hari Prasad Tripathi, he was elected as Manager and petitioner No. 2 contended that in place of Dr. Hari Prasad Tripathi was elected as Deputy Manager and papers were transmitted to District Inspector of Schools on 05.05.2003. It has been contended that Dr. Hari Prasad Tripathi had tendered his resignation which was duly accepted in the meeting dated 09.06.2003 of the General Body under the Presidentship of Ram Sukh Upadhyaya. It has been contended that he was elected as Manager in the said meeting. It has also been asserted that thereafter entire papers were transmitted to District Inspector of Schools and the District Inspector of Schools on 11.06.2003 passed an order recognising and accepting petitioner No. 2 as Manager. Said order was subject matter of challenge in Civil Misc. writ petition No.81875 of 2003, filed by Dr. Awadhesh Narain Singh and another writ petition No.32562 of 2003 filed by Laxmi Narain Singh and others. In the aforementioned writ petition statement of fact has been mentioned that till date no meeting has been called for the elections of Manager in place of earlier elected Manager, namely, Dr. Hari Prasad Tripathi and entire proceedings were manipulated proceeding. Said writ petition had been allowed, and the matter was remitted back to be decided afresh.