Hon’ble Sunil Hali, J.—Dwarika Prasad Inter College is a recognized educational Institution aided up to High School level and unaided up to Intermediate level. It has a common Managing Committee for the College and the Society. Ever since its inception, the rival Committees of Management have been engaged in litigation. Every new election to the Management Committee has landed-up in this Court for one reason or the other. General Body of the Managing Committee of the Society constituted its Electoral Colleges. The eligibility of the members of the Electoral College is determined by the Scheme of Administration which is required to be formulated in terms of the Section 16-A of the Intermediate Education Act 1921 (in short ‘’Act’). Fluctuation in the size of the Electoral College is an inevitable process. It is this process which becomes bone of contention between the rival Managing Committees. Disputes are always raised in respect of the strength of the Electoral Colleges, more particularly on the registration of the new members or eligibility of the members by the rival claimants. There are three types of the members, which constitutes the Electoral College of the society viz.; (i) Permanent Members; (ii) Temporary members; (iii) Enrollment of fresh members.

2. Source of dispute in the present writ petitions is also some how similar. Two sets of writ petitions have been filed in which the petitioners claim to be legally constituted Committee of Management of the College and seeking declaration to the extent that election of the respondent No. 5 and 6 to be illegal and in violation of the rules. In both the writ petition constitution of the Committee of Management of the respondent Nos. 5 & 6 is subject matter of challenge. Since in both the writ petitions common questions of facts and law are involved hence they are being dealt together and decided by a common judgment. In order to appreciate the controversy involved in both the writ petition, it is necessary to give brief facts for proper adjudication of the case.

3. Facts in Civil Misc. Writ Petition No. 38672 of 2008

The petitioners claim to be a legally constituted Committee elected by an Electoral College consisting of 221 members. Aaditya Naraya Tiwari is the Manager of the Committee of Management of the said College. The contention raised by the petitioners in the instant writ petition is that the election process by which Committee of Management was constituted by respondent Nos. 5 and 6 was an act of fraud committed by them. It is alleged that there was no intimation sent to the members of the society by registered post which fact stands affirmed by this Court vide its order dated 27.9.2007 passed in Civil Misc. Writ Petition No. 47314 of 2007. Having held the process of election actuated by fraud and mala fide renders the Committee of Management void-ab-initio.

Further, the order of Regional Committee in affirming the election of respondent No. 5 ignoring the direction of the Court which has held that the process of election was tainted with fraud as such the impugned order is required to be quashed.

Further the decision was vitiated on account of one of its member respondent No. 4 having not participated in the hearing but had only signed the decision.

4. Facts in Civil Misc Writ Petition No. 38675 of 2008

In this writ petition, the petitioners claim to be legally constituted Committee of Management based upon the Electoral College of 60 members which is said to have been approved by the authority. Reliance has been placed on the election conducted by Ram Lakhan Shukla in the year 1998. Issue with respect to the authenticity of the Electoral College constituted by 60 members continued to remain in force as no direction has been passed while disposing of the Civil Misc Writ Petition No. 39207 of 2003.What is contended is that the impugned order in the said writ petition has not been set aside. Following issues have been raised in the writ petition :

(i) That