The central legal point established in the judgment is the requirement to conduct elections in accordance with the provisions of the Education Act, 1980 and the Scheme of Administration, and the need to address objections regarding membership and hold a fresh election based on the undisputed membership list of the year 1985.

( 1 ) HEARD the learned counsel for the parties and perused the records.

( 2 ) THESE three writ petitions are connected and are being decided together with the consent of the parties.

( 3 ) WRIT Petition No. 20967 of 1997, has been filed challenging the validity and correctness of the orders dated 23. 5. 1997 and 20. 5. 1996, passed by respondent Nos. 1 and 2 respectively in which the following interim order was passed on 4. 7. 1997 :

"as prayed list it on 10th July. 1997 for further hearing. Till then status quo as on today shall be maintained. 4. 7. 1997 sd. B. S. Chauhan. "

This stay order exhausted itself during the pendency of the writ petition.

( 4 ) THE second Writ Petition No. 7862 of 1999, Brahm Dutt Singh v. Regional Joint Director of education, has been filed for mandamus commanding the respondents to hold a fresh election of the Committee of Management in pursuance of the orders dated 20. 5. 1996 and 23. 5. 1997, annexures-1 and 2 to the writ petition which are also impugned in connected Writ Petition No. 20967 of 1997.

( 5 ) THE third Writ Petition No, 2373o of 1999, Raj Nath Singh v. Deputy Director of Education and Ors. has been filed for a writ in the nature of mandamus directing the respondents not to hold election of Committee of Management of the college with 193 members of General Body.

( 6 ) THE brief facts of the case are that the election of the Committee of Management of Chandra shekhar Azad Inter College, Deogaon, were held on 17. 1. 1993 in which Raj Nath Singh petitioner in Writ Petition No. 23730 of 1999 was elected as Manager. It appears that a complaint was made before the District Inspector of Schools, respondent No. 2 to the effect that no confidence motion had been passed against Raj Nath Singh and that one Brahm Dutt Singh had been elected as Manager in his place. By order dated 22. 3. 1995 the District Inspector of schools dis-approved the said election dated 17. 1. 1993 against which Writ Petition No. 11322 of 1995 was filed by Raj Nath Singh and the interim order was granted on 28. 4. 1995 in his favour.

( 7 ) THEREAFTER elections of the Committee of Management were again held on 10. 3. 1996. It was submitted by Raj Nath Singh in the aforesaid two writ petitions that he was again elected as manager. The election held on 10. 3. 1996 was again dis-approved by the District Inspector of schools vide order dated 20. 5. 1996, which was challenged in Writ Petition No. 18977 of 1996. Later on the said writ petition was dismissed on 11. 7. 1996 against which Special Appeal No. 579 of 1996 was preferred. The special appeal was also dismissed by this Court with the observation that the Deputy Director of Education shall decide the statutory appeal without being influenced by the order dated 11. 7. 1996 in Writ Petition No. 18977 of 1996. Thereafter, the petitioner approached the Deputy Director of Education. VIIthRegion, Gorakhpur in appeal, but his appeal was dismissed. The Deputy Director of Education, Gorakhpur Region, Gorakhpur, after hearing both the parties, affirmed the order passed by the District Inspector of Schools, Deoria. dated 23. 5. 1997. who was also appointed as authorized controller for purposes of holding a fresh election amongst valid and recognized members. Aggrieved by the aforesaid orders, the committee of Management as well as Raj Nath Singh filed Writ Petition No. 20967 of 1997, in which the impugned order dated 20. 5. 1996, passed by the District Inspector of Schools and the order dated 23. 5. 1997, passed by the Deputy Director of Education were challenged.

( 8 ) SRI A. P. Sahi, counsel for the petitioner in Writ Petition No. 20967 of 1997, states that this writ petition has become infructuous as the term of the Committee of Management which is three years under the Scheme of Administration has expired. He further states that the Administrator had already been appointed in the institution and there is no dispute to be decided in this writ petition regarding m