The election held beyond the prescribed period as provided in the Scheme of Administration is patently beyond the prescribed period and the alleged unopposed and uncontested election held on 29-4-1994 was wholly without authority and competence.

( 1 ) THESE two writ petitions are connected concerning the same educational institution challenging the orders of the D. I. O. S. and Dy. Director of Education in managerial dispute between the parties. The parties have exchanged affidavits. The (earned standing counsel has not filed any counter affidavit and does not propose to file any counter affidavit. He stated that the writ petitions be decided on the basis of the affidavits filed by the contesting private parties. Thus I consider it appropriate that instead of passing formal orders for admission the petitions may be finally disposed of with the consent of the parties.

( 2 ) WRIT Petition No. 34553 of 1994 has been filed by Sri Praveen Singh Tyagi as President of the Committee of Management of Janta Uchchattar Madhyamik Vidyalaya, Mahuwa, district Bijnor challenging the order dated 12-10-1994 passed by the Dy. Director of Education by which he directed for appointment of authorised controller empowering him with the powers of committee of management and also for holding the election of the committee of management. The election dated 29-4-1994 claimed to have been held electing (sic ).

( 3 ) AN application under O. 1, R. 10, C. P. C. was filed by Sri Rajendra Singh, who had claimed himself to be a life member of the general body. The said application was allowed by the order dated 27-10-1994. The said application was moved through Sri Ashok Bhushan, who had already filed caveat on behalf of Prakash, Jaswant Singh, Mahesh Chandra and Rajendra Singh. Rajendra Singh was not initially arrayed as O. P. , who has been added as O. P. on his application for impleadment.

( 4 ) THE writ petition was not admitted and the parties were directed to exchange the affidavits. By the interim order dated 27-10-1994 the operation of the order dated 12-10-1994 impugned in the writ petition was stayed.

( 5 ) WRIT Petition No. 36777 of 1994 was filed by Sri Rajendra Singh by which a writ of certiorari was prayed for quashing the order dated 1-10-1994 passed by the District Inspector of Schools, Bijnor, Annexure-5 to the writ petition. By the impugned order the D. I. O. S. has approved the election of office-bearers held on 29-4-1994.

( 6 ) AFTER hearing Sri Ashok Bhushan, learned counsel for the petitioner in Writ Petition No. 36777 of 1994 and Sri Shashi Nandan, learned counsel for the petitioner in Writ Petition No. 34553 of 1994 the fact that the Janta Uchchattar Madhyamik Vidyalaya, Mahuwa, district Bijnor is a recognised institution under the provisions of the Intermediate Education Act, 1921 and is governed by the Scheme of Administration approved by the Dy. Director of Education is admitted. It is also admitted by the parties that the last election of the committee of management was held on 17-3-91 in which Sri Girish Chandra was elected as Manager and Sri Praveen Singh Tyagi as President of the committee of management.

( 7 ) ACCORDING to the Scheme of Administration clause 8 the tenure of the committee of management is three years. It is also provided in the Scheme that if a new committee of a management does not take charge within the said period of three years, the term of committee of management will automatically come to an end after expiry of three years and one month.

( 8 ) IT is also not disputed that the tenure of the elected -committee of management, which took place on 17-3-1991 came to an end of 16-4-1994. It is also settled law that within one month from the expiry of the term of committee of management, the newly elected office-bearers may take over charge of the management. The petitioner pleads and appears as a fact from the order of the D. I. O. S. that the committee of management which took over charge on the basis of election dated 17-3-1991 had not been able to take steps for holding fresh election within the prescribed period as provided in the Scheme of Administration.

( 9 ) THE respondents claim to have got the election of the committee of managem