S. C. MATHUR, A. C. J.

( 1 ) THIS appeal is directed against the judgment and order dated 11/03/1993 passed by the learned single Judge whereby he dismissed three writ petitions relating to election dispute.

( 2 ) THE dispute relates to constitution of Committee of Management of Sri Gandhi Smarak Uchchtar Madhyamik Vidyalaya, Kauriya, district Azamgarh. Election for constituting the Committee was held on 10/06/1986. The Committee elected on this date was to continue for a period of three years. According to one claim Shiv Prasad Singh was elected President and Basant Prasad Srivastava, appellant No. 1 was elected Manager. The District Inspector of Schools, for short D. I. O. S. , instead of attesting the signatures of Basant Prasad Srivastava attested the signatures of Rajesh Singh as Manager. This led to the filing of Civil Misc. Writ Petition No. 23221 of 1987 by Basant Prasad Srivastava. He asserted that he was the duly elected Manager and, therefore, his signature should have been attested by the D. I. O. S. and not of Rajesh Singh. This writ petition remained pending for more than three years. It came up for hearing on 31/07/1991 when it was dismissed as infructuous by D. P. S. Chauhan, J. on the ground that the period for which the Committee had been elected had already expired. He, however, directed the D. I. O. S. to get the elections held within three months. In view of the direction contained in this Courts order dated 31/07/1991 the D. I. O. S. took steps for holding elections. He issued election schedule on 10/01/1992 enclosing there, with a list of 70 members of the Society who were entitled to vote at the election. This list appears to have been prepared taking 31/07/1991 as the cut-off date for enrolment of members. 31/07/1991 is the date on which Writ Petition No. 23221 of 1987 was decided. Jang Bahadur Singh, Rajesh Singh respondent No. 3 and others were dissatisfied with the voters list enclosed with the election schedule dated 10/01/1992. They accordingly filed a writ petition which was dismissed summarily by R. B. Mehrotra, J. by his judgment and order dated 23/01/1992. The learned Judge observed that the election shall not be postponed but if any one raised grievance that his name had been wrongly excluded from the voters list the same shall be decided by the D. I. O. S. The D. I. O. S. postponed the election and thereafter by order dated 24/01/1992 he added the names of 45 persons to the voters list and fixed 27/01/1992 as the date for election. Against the inclusion of 45 names in the voters list objections were filed by some members. The Associate District Inspector of Schools who was also the Election Officer by his order dated 27/01/1992 excludeduded the names of the said 45 persons from the voters list. On the date of election viz. , 27/01/1992 was disturbance at the site of elections and accordingly the polling was postponed till the list of eligible voters was finalised by the D. I. O. S. or by the Court. This led to the filing of Writ Petition No. 4093 of 1992 by the Committee of Management and Basant Prasad Srivastava and Writ Petition No. 3949 of 1992 by Rajesh Singh and others. The claim in Writ Petition No. 4093 of 1992 was that the elections should be held on the basis of the voters list dated 10/01/1992 while the claim in Writ Petition No. 3949 of 1992 was that elections should be held on the basis of list dated 10/01/1992 as amended by order dated 24/01/1992. In these two petitions the question raised was as to what was the cut-off date for enrolment of members - (1) 31/07/1991 when Writ Petition No. 23221 of 1987 was decided, or (2) 10/01/1992 when election schedule was notified. Both the writ petitions were decided by a common judgment dated 25/02/1992 by P. P. Gupta, J. It appears from the judgment of P. P. Gupta, J. that the D. I. O. S. was not entertaining objections to the voters list preferred by those who were not petitioners in the writ petitions filed before this Court. P. P. Gupt

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