Hon’ble Yashwant Varma, J.—The challenge in the present petition is to an order passed by the Joint Director of Education on 24.4.2015 upholding elections conducted and held by the private respondent No. 7. In sum and substance it accords approval to the elections conducted by the Authorized Controller on 8/9.1.2015.

2. This Court has heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Siddharth Khare in support of the petitioners, learned Standing Counsel for the State respondents and Sri G.K. Singh, learned Senior Counsel assisted by Sri Santosh Kumar appearing for the contesting respondent No. 7.

3. As per the case taken in the writ petition, the last undisputed elections were held in the year 2003. The Committee of Management which comprised of the petitioner No. 2 and Manager was recognized by the educational authorities. It is then contended that on or before October, 2006, a notice was published inviting applications for fresh enrolment of members. The petitioners contend that since the applications received and numbered as 22 were not accompanied with requisite fee, the same were not accepted and consequently, the 22 members never became part of the General Body of the Society. It is however, noteworthy here that the respondent No. 7 is stated to have accepted the enrolment of the aforesaid 22 members and it is here that the disputes inter se parties came to the fore.

4. The dispute with respect to the inclusion of 22 members travelled up to the District Inspector of Schools who upheld the enrolment of new members in a meeting of the General Body stated to have been held on 2.12.2006. This dispute was decided by the District Inspector of Schools by his order dated 13.12.2006 which was subjected to challenge by the petitioners by means of Writ Petition No. 70850 of 2006. This Court by its judgment dated 18.1.2013 disposed of the writ petition with certain directions.

5. It firstly held that in so far as the membership of the 22 persons is concerned, it would be open to the petitioners to file a suit questioning the decision of the District Inspector of Schools as also the membership claimed by the aforesaid persons. It further provided the continuance of the Authorized Controller for a period of three months. The Court further recorded that if a suit is instituted by the petitioners then the Authorized Controller would continue until the decision on the application for temporary injunction. The last significant direction issued was that consequent to the decision on the temporary injunction application, the elections would be held by the Authorized Controller on the basis of the list of the members found to be prima facie correct by the Civil Court in its judgment on the temporary injunction application.

6. The petitioner No. 2 thereafter filed a writ petition before this Court being Writ Petition No. 15521 of 2014 seeking issuance of an appropriate writ commanding the Authorized Controller to hold elections for constitution of the Committee of Management. The grievance of the petitioners was that the Authorized Controller who was appointed in the year 2006, was continuing for the last eight years but had failed to hold any elections. This petition was disposed of leaving it open to the petitioners therein to make a representation before the Joint Director of Education who may pass appropriate orders.

7. The order of the learned Single Judge referred to above was subjected to challenge in an intra Court appeal by one Sri Ishrat Ali Khan which came to be disposed of on 23.5.2014. The Special Appeal Court while disposing of the said appeal made the following observations :

“On account of pendency of civil suit, authorized controller cannot be permitted to function indefinitely. The election for the constitution of committee of management is to be held in accordance with the scheme of administration, therefore, the direction issued by the learned Single Judge to the effect that the elections of the commit