By the Court.—Heard Mr. G.K. Singh, learned Senior Advocate assisted by Mr. H.P. Sahi, learned counsel on behalf of appellants and Mr. P.K. Upadhyay, learned counsel on behalf of respondent.

2. This intra Court appeal is directed against the judgment and order of the learned Single Judge dated 5.8.2016 passed in Writ-C No. 20797 of 2016.

3. The dispute as raised before the learned Single Judge is relating to the election to the office of Manager of the recognized intermediate college in the name and style of Rastriya Shiksha Samiti, Sirsi, Jaunpur against a casual vacancy. The sole issue canvassed before us is as to whether the ex-officio members, namely, Principal and two teachers had a right to vote or not in the election for the post of Manager against casual vacancy.

4. The learned Single Judge after taking note of the provision of Section 16-A (1) of the Intermediate Education Act (hereinafter referred to as ‘Act’) has come to a conclusion that the Act itself confers a right upon the ex-officio member to cast their votes. The provision being statutory in nature would prevail over any other provision in the scheme of administration which itself is framed under the Act. The learned Single Judge has held that the Act being parent legislation all subordinate legislation would be subservient to the main statutory provision. Accordingly, it has been held that there was no illegality in the participation of the ex-officio members in the election to fill in the casual vacancy on the post of Manager of the Institution.

5. Mr. G.K. Singh, learned Senior Advocate would, however, contend before us that ex-officio members had no right to participate in the meeting where the election to fill in the casual vacancy on the post of Manager of the Institution had to take place inasmuch as the three ex-officio members do not participate in the election of Manager nor can participate in the meeting where motion for no confidence is to be considered against office bearers of the society. In support of his contention, Sri G.K. Singh took us through the scheme of administration as was originally applicable prior to enforcement of the Act No. 1 of 1981. In the provision which was so heavily relied upon by the Sri G.K. Singh, under the category of members of the general body, it was mentioned that there shall be three ex-officio members, namely, Principal and two teachers who shall be included in accordance with Section 16-A (1) of the Act with a restrain that in respect of the election of office bearers of the Committee of Management or/and in the matter of the election of member they will not have any right to vote in respect of a no confidence motion. The provision referred to reads as under:

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6. It is submitted that in view of the Division Bench judgment of this Court in the case of Ajab Singh v. District Inspector of Schools, Meerut and others; 1980 UPLBEC 308, the ex-officio members have no right to participate in the election of the office bearers nor they have a right to vote in the