Hon’ble Arun Tandon, J.—Two sets of elections of Committee of Management of Sri Swamy Krishnanand Inter College, Bilwar, Jaunpur were set up, first by Sita Ram Tripathi as Manager dated 28.3.2010 and the other by Bhairo Prasad Tripathi as Manager of the same dated.

2. The Regional Level Committee under the order dated 14.9.2010 has held that the elections set up by Sita Ram Tripathi were legal and valid while those of Bhairo Prasad Tripathi were illegal. This order was challenged before this Court by means of Civil Misc. Writ Petition No. 60082 of 2010 by Bhairo Prasad Tripathi. In the said writ petition an interim order was granted resulting in an order of the District Inspector of Schools in favour of Bhairo Prasad Tripathi. The order of the District Inspector of Schools was challenged by means of a separate petition by Yagya Narain Singh the President of the Committee of Management with Sita Ram Tripathi as Manager, by means of Civil Misc. Writ Petition No. 22782 of 2011.

3. Both the writ petition were decided under the common judgment and order dated 21.7.2011. The order of the Regional Level Committee dated 14.9.2010 was set aside and it was directed that a Prabandh Sanchalak shall be appointed in the institution for holding fresh elections from the list of members of the general body after finalizing the same. This order stands affirmed by the Division Bench of this Court with the dismissal of Special Appeal No. 1490 of 2011 and No. 1491 of 2011.

4. It is, therefore, no more in dispute that the elections of the Committee of Management have to be held by the Prabandh Sanchalak finalising the electoral college.

5. Fresh elections were held by the Prabandh Sanchalak. In the said elections 400 members enrolled in the meeting held on 27.12.2009 as claimed by Bhairo Prasad Tripathi were excluded from the electoral college. The paper pertaining to the elections were transmitted to the District Inspector of Schools. The District Inspector of Schools vide order dated 7.4.2012 disapproved the elections on the ground that non-participation of 400 members was bad and this resulted in the elections being rendered illegal. This order was subjected to challenge by means of Civil Misc. Writ Petition No. 22997 of 2012 by the Committee of Management with Sita Ram Tripathi as the Manager. The writ petition was allowed vide order dated 16.5.2012 and the matter was remanded to the Regional Level Committee for taking a fresh decision in respect of the elections by means of a reasoned order, after affording opportunity to the parties concerned.

6. The Regional Level Committee under the order impugned had framed two issues for determination after affording opportunity of hearing to the parties :

(a) Whether the exclusion of 400 members from the electoral college was valid or not.

(b) As to whether non-renewal of registration of the Society would material effect the elections.

So far as the first issue is concerned, the Regional Level Committee under the order impugned dated 1.12.2012 has recorded that such issue stands decided under the judgment and order of the High Court passed in Civil Misc. Writ Petition No. 60082 of 2011 decided on 21.7.2011 against which Special Appeal No. 1490 of 2011 and No. 1491 of 2011 were filed which have been dismissed. It has, therefore, been held that the said 400 members cannot be said to be the valid members of the general body. Consequently, their exclusion from the list of members of the general body was upheld.

7. The second issue is not of much relevance as none of the parties are aggrieved by the decision on the same.

8. Counsel for the petitioner challenging the finding recorded by the Regional Level Committee on issue No. 1 contends that at no point of time the Regional Level Committee or the High Court had determined the correctness or otherwise of the enrollment of 400 members. He points out that under the order dated 14.9.2010 of the Regional Level Committee the elections set up by Bhairo Pras