The main legal point established is that the District Inspector of Schools cannot unilaterally declare elections illegal based on the report of the Paryavekshak, and the Regional Level Committee should decide the validity of the elections after examining the records and objections filed.

Arun Tandon, J.—Heard Sri Anil Bhushan on behalf of the petitioner. Learned standing counsel on behalf of respondent Nos. 1 and 2. Sri Krishna Mohan Singh on behalf of newly added respondent No. 3.

2. Committee of Management Janta Inter College Sohsa Mathia (Kushi Nagar) through its alleged Manager Bhagwan Mishra has filed this writ petition against the order of the District Inspector of Schools dated 2nd September, 2002. By means of the said order the District Inspector of Schools has held that in view of the report of the Paryavekshak, elections of the Committee of Management which were scheduled for 30th June, 2002, have not been held from amongst valid members of the general body and further the Paryavekshak had postponed the aforesaid elections. It has further been directed that the petitioners may submit their objections with regards to voter list, which have been forwarded by the President of the Committee of Management so that fresh elections may be held and a Paryavekshak may be appointed for the fresh elections.

3. On behalf of the petitioner it is contended that the aforesaid order of the District Inspector of Schools is wholly without jurisdiction inasmuch as under the Government order dated 19th December, 2000, the power to recognize the elections of the Committee of Management is vested with the Regional Level Committee of which the Regional Joint Director of Education is the Chairman. It is further submitted that the Paryavekshak has no authority of law to decide that the persons who have participated in the elections are not valid member of the general body nor he can postpone or cancel the elections. The Paryavekshak is required to submit his report only in respect of the proceedings of the elections.

4. In these circumstances it is contended that the elections were, in fact, held on 30th June, 2002 and the said elections are valid. Since the relevant papers in respect of the aforesaid elections have not been transmitted by the District Inspector of Schools to the Regional Level Committee, constituted under the Government order dated 19th December, 2002, for recognizing the elections of the Committee of Management, the aforesaid order could not be passed. It is further submitted that the District Inspector of Schools cannot direct for holding a fresh election nor he can appoint any Paryavekshak for the said purpose until and unless the elections, which have taken place, are found to be illegal or contrary to the scheme of administration by the Regional Level Committee.

5. On behalf of the respondent it is contended that in view of the report of the Paryavekshak and his order postponing the elections, the question of transmitting the papers by the District Inspector of Schools to the Regional Level Committee does not arise and the District Inspector of Schools is justified in directing that the fresh elections may be held and for that purposes he has asked the petitioners to submit their objections in respect of the voter list submitted by the respondent No. 3.

6. It is further contended by the respondent No. 3 that the President had objected to the participation of certain members in the elections as they had not been properly enrolled and, therefore, the entire elections are sham and no relief can be granted to the petitioners.

7. I have heard the counsel for the parties and have gone through the records of the writ petition.

8. The power to hold elections of the Committee of Management under the scheme of administration is vested with the outgoing Committee of Management and admittedly the outgoing Committee of Management initiated the elections proceedings with the appointed election officer and also requested the District Inspector of Schools to send a Paryavekshak for supervising the proceedings of the elections. Under the provisions of the scheme of administration, the only role assigned to a Paryavekshak is to submit his report in respect of the aforesaid elections and the authority concerned is