R.A. Sharma, J.

1. Authorised Controller of Arya Kenya Pathshala Intermediate College, Mirzapur (herein after referred to as the college), who was appointed in 1976 by the Government of Uttar Pradesh under sub-section (4) of Section 16 D of U.P. Intermediate Education Act, 1921 (herein after referred to as the Act), issued a notice dated 17-3-1992, for holding the election of the Committee of Management of the college on 31-3-1992. Appellants challenged the above notice before this Court by means of writ petition No. 10211 of 1992 in which this Court passed an interim order on 31-3-1992 whereby the election of the Committee of Management was permitted to take place, but declaration of its result was stayed till further orders. Election of the Committee of Management is alleged to have been held on 31-3-1990 electing the office-bearers unanimously and the same day its result is said to have been declared. On 10-4-1992 the Government of Uttar Pradesh passed an order under Second proviso to Sub-section (4) of Section 16-D of the Act. directing the authorised Controller to hand over the control of the college to Sri Mohan Singh, newly elected Manager. Appellants filed second writ petition no. 11952 of 1992 against the above order dated 10-4-1992, in which this Court on 15-4-1992 passed the following interim order: "Respondents are restrained from giving effect to the election of the Committee of Management held on 31-3-1992. In case District Inspector of Schools has granted recognition to the Manager on the basis of the election held on 31-3-1992, he is restrained from functioning as Manager of the institution. It is further directed that in the meantime the respondent no. 5 would manage the affairs of the institution. Respondent no. 5 who was required to manage the affairs of the institution, is the Regional Inspectors of Girls Schools, Varanasi Region.

2. Learned Judge although dismissed both the writ petitions on 13-11-1992 on the ground that they involve disputed questions of facts, which cannot be decided under Article 226 oft the Constitution, but permitted the appellants to make detailed representation containing all her pleas to the Deputy Director of Education, who will decide the same, after giving opportunity of hearing to the appellants and newly elected Committee of Management, bypassing a speaking order. It was further observed that the Deputy Director will also decide the question as to whether the election has been held in accordance with the Scheme of Administration. Against the above judgment the appellants have filed two Special Appeals.

A Division Bench of this Court in the case of Basant Prasad Srivastava vs. State of U.P., 1993 (2) UP LB EC 1333, held that this Court should not interfere, under Article 226 of the Constitution, with the electoral process initiated for constituting a Committee of Management at the intermediate stage and the person who may be interested in challenging the election should wait till election is over. In view of this decision it is not possible to entertain the first writ petition (No. 10211 of 1992) which was filed against the notice dated 17-3-1992, passed by the Authorised Controller for holding the election of the Managing Committer. That apart, election has already been held. Its validity has to be challenged now before the appropriate forum. In view of the disputed questions of fact, it is not possible for this Court to go into the validity of the election under Article 226 of the Constitution of India. This writ petition and the Special Appeal (No. 526 of 1992) which has been filed against the judgment in the said writ petition, have to be dismissed.

3. As regards the second writ petition (No. 11952 of 1992) and Special Appeal (No. 525 of 1992) filed against the judgment in this writ petition, are concerned, the only question involved therein is as to whether the Government order dated 10-4-1992 passed under Second proviso to sub-section (4) of Section 16-D of the Act