S.D. Agarwala, J.

1. This is a petition under Article 226'of the Constitution of India.

2. Petitioner no. lis the 'Committee of Management- and the petitioner no. 2 claims himself to be the Manager of the Committee of Management.

The petitioners have challenged the order passed by the District Basic Education Officer, Agra, dated 18th October, 1988, by which the signature Of Sri Govardhan Singh as President of the Committee of Management, and Sri Rajan Singh as Manager of the institution had been recognised. The case of the petitioners is that the last elections of the Committee of Management were held on 18th January, 1987. An intimation of the said elections was given to the District Basic Education Officer, who recognised the petitioner no 2, Sri Prabhu Lal Pathak, as the Manager of the institution. Consequent his further case is that after the District Basic Education Officer having recognised the petitioner, the impugned order could not have been passed by him

3. In the counter affidavit filed on behalf of the District Basic Education Officer (hereinafter referred to as the Officer), in paragraph 8, it has been stated that after examining the various records, he came to