Hon’ble Sudhir Agarwal, J.—This intra-Court appeal under Chapter VIII Rule 5 of the Rules of the Court has arisen from the judgment dated 7.1.2009 of the Hon’ble Single Judge dismissing the writ petition No. 281 of 2009 of the petitioner-appellant on the ground of alternative remedy of filing a civil suit.

2. The counsel for the petitioner-appellant submitted that the last election was held on 17.7.2005 which was challenged in Writ Petition No. 53512 of 2006. This Court passed an interim order in the above writ petition on 17.10.2006 staying the operation of the order dated 5.9.2006 whereby the above elections were recognized as also the consequential order dated 8.9.2006 whereby the District Inspector of Schools, Bulandshahar (hereinafter referred to as “DIOS”) recognised Sri Bahadur Singh as Manager and Sri Haridatta Sharma as president of the Committee of Management. Ultimately, the above writ petition was dismissed on 23.10.2008 for the reason that the term of three years has already elapsed, hence the writ petition has rendered infructuous. Thereafter, the District Inspector of Schools passed order on 5.12.2008 recognising the Office Bearers elected on 17.5.2009 treatin