Hon’ble R.K. Agrawal, J.—Both these special appeals have been filed against the common judgment and order dated 24th March, 2011 passed by the learned single Judge whereby the learned single Judge has decided Civil Misc. Writ Petition Nos. 65661 of 2008, 6427 of 2009, 33850 of 2010 and 7793 of 2011. The learned single Judge has dismissed the Writ Petition No. 33850 of 2010 whereas he has allowed Writ Petition No. 7793 of 2011. The remaining writ petitions being Writ Petition Nos. 65661 of 2008 and 6427 of 2009 have been disposed of.

2. It may be mentioned here that Special Appeal No. 664 of 2011 has been filed against the order of the learned single Judge insofar as the Writ Petition No. 7793 of 2011 has been allowed whereas Special Appeal No. 737 of 2011 has been filed against the judgment and order passed by the learned single Judge insofar as the Writ Petition No. 33850 of 2010 has been dismissed.

As both the special appeals arises out of the common judgment and order dated 24th March, 2011 and the issues raised in the both the special appeals are common and involving similar question of facts and law with the consent of the learned counsel for the parties they have been heard together and are being decided by a common judgment.

3. Briefly stated the facts giving rise to the present appeals are as follows :

In the district of Jaunpur there is an Institution in the name and style of Sri Yadvesh Inter College situated at village Nauperva. (hereinafter referred to as the Institution). It is governed and recognized under the provisions of the U.P. Intermediate Education Act, 1921. It has an approved Scheme of Administration for running the Institution which also provides for the election of the Committee of Management. It is an aided Institution and is governed by the provisions of the U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971.

4. It appears that one Sri Murlidhar Yadav was elected as the Manager in the year 1995 on the strength of an electoral College of 207 Members. As the term then was 3 years he claimed re-elections on 6.9.1998 with 70 Members. A rival claim with regard to the said election was set up by one Sri Ajay Yadav on the strength of a 255 member electoral College. The election set up by Ajay Yadav as a Manager was recognized by the educational authorities. The recognition was challenged in Writ Petition No. 6243 of 2000 and the Director of Education was called upon to decide the matter, who vide order dated 28.7.2000 confirmed the election of Sri Ajay Yadav to be valid and recognized him as the Manager. This was again challenged by Sri Murlidhar Yadav in Writ Petition No. 34164 of 2000 which was allowed by this Court vide judgment and order dated 7.9.2001 and the matter was remitted back for being decided by the concerned authority. This time on remand, vide order dated 4.10.2001 the election of Sri Murlidhar Yadav was held to be valid and in accordance with law and was recognized by the Joint Director of Education. Thus, the election held by Sri Murlidhar Yadav on 6.9.1998 was recognized as a valid election. He, thereafter, held fresh election on 4.10.2001. The Regional Level Committee vide order dated 7.12.2001 recognized the said election and vide order dated 11.1.2002 the signatures of Sri Murlidhar Yadav as Manager was attested.

5. As the term was only for 3 years, Sri Murlidhar Yadav claimed to have held fresh elections in the year 2004. Sri Vinod Kumar Yadav set up a rival claim. The matter was referred to the Regional Level Committee which decided the dispute holding that the elections as set up by the Sri Murlidhar Yadav were invalid as the office-bearers elected were related to each other, particularly Murlidhar Yadav and Sant Lal Yadav are father and son respectively which violates the Scheme of Administration. The Regional Level Committee further held that the erstwhile Committee of Management did not undertake any drive to enrol fresh m