D. P. MOHAPATRA, CJ.

( 1 ) THE Committee of Management, Shukhpura Inter College, Sukhpura, District Ballia, through its Manager Shri Ram Bilas Singh and Sri Ram Bilas Singh filed this appeal challenging the judgment dated 23. 4. 1996 of Civil Misc. Writ Petitions Nos. 36325 of 1995, 37775 of 1995 and 38072 of 1995. By the said judgment the learned Single Judge disposed of the aforementioned three writ petitions. The operative portion of the judgment reads:

"from the aforesaid facts the over all position which has emerged is that the elections held on 8. 2. 1992 and 5. 2. 1995 was wholly illegal and without authority, the election could be held only in supervision of the Managing Director appointed by the Joint Director of Education. In the circumstances there is no option but to dispose of all the 3 writ petitions with a direction to the joint Director of Education to appoint a Managing Director within a period of one month from the date of the production of a certified copy of this order. The Managing Director so appointed shall hold the election for constituting a Committee of Management within 3 months from the date of the appointment. In terms of the directions given above, all the 3 writ petitions are disposed of finally. The Managing Director shall also decide the list of members of the General body before -holding the election after giving opportunity to all the parties concerned. However, it is made clear that if any party is dissatisfied with the list so prepared by the Managing director, the same will not be entitled to challenge the same and only course open to them, will be to file civil suit. However, the elections will not be postponed for the alleged dispute or for any such other dispute about the general body. There shall be no order as to costs. "

( 2 ) THE controversy relating to election of the Committee of Management of the Institution has had a chequered career. The relevant factual position for proper appreciation of the issues raised may be stated thus :

( 3 ) ON 22. 8. 1981 a Committee of Management was elected with Shri Jang Bahadur Singh as manager and Shri Kuldeep Singh as President. The signature of the Manager was attested by the district Inspector of Schools, Ballia (for short DIOS ). On 11. 1. 1983, on some complaints made by some defeated candidates questioning the validity of the election held on 22. 8. 1981, the matter was referred to the Joint Director of Education. The reference was treated as one under section 16-A (7) of the U. P. Intermediate Education Act, 1921 (hereinafter referred to as the act ). The Joint Director of Education holding that the election was invalid, declined to recognise the Committee of Management and directed the office bearers of the outgoing Committee of management to hold fresh elections. The elected Committee of Management challenged the said order before this Court in Writ Petition No. 2375 of 1983 filed on 28. 2. 1983 and this Court stayed operation of the order dated 11. 1. 1983 as a result of which the Committee of Management continued to function. The writ petition was dismissed on 15. 1. 1991 as having become infructuous by efflux of time and this Court directed that fresh elections be held according to law. In the mean time in 1985 the Scheme of Administration of the Institution was amended and provision was made in Clause 7 thereof that after expiry of three years and one month, the committee of Management shall cease and if no fresh elections have been held during this period, the Deputy Director of Education (DDE for short) shall appoint Prabandh Sanchalak for holding election of the Committee of Management. After dismissal of Writ Petition No. 2375 of 1983,the Committee of Management with Sri Kuldeep Singh as President and Sri Jang Bahadur singh as Manager sought permission from the DIOS for notifying the election programme and sent a copy of the letter to the DDE. The DDE directed the DIOS that fresh election be held as directed by this Court. The DIOS

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