The court emphasized the interpretation of the scheme of administration, highlighting that related members could contest elections and resign if elected, ensuring compliance with the scheme.

Arun Tandon, J.

Heard counsel for the parties.

2. Rahmania Girls Inter College, Chandpur, P.O. Chandpur, District Bijnor is a minority institution recognized under the provisions of the Intermediate Education Act. The said institution is run and managed in accordance with the approved scheme of administration. Last undisputed elections of the Committee of Management took place on 25th May, 2000. In the said elections Sri Aslam Parvez was elected as Manger. The term of the elected Committee of Management has been provided as three years under the scheme of administration.

Facts

3. On behalf of the petitioner it is contended that vide notification dated 30th May, 2003 fresh elections were notified to be held on 30th June, 2003. However, respondent No. 5 and 6 namely Sri Aslam Parvez and Mohd. Arif Sheikh raised objection in respect of the electoral college prepared for the elections. They contended that they are validly enrolled members and have been illegally restrained from participating in the said elections. On the representation made by the respondent nos. 5 and 6, the District Inspector of Schools passed an order dated 24th June, 2003, whereby he directed that the elections shall take place on the schedule date i.e. 30th June, 2003 and Sri Mohd. Arif Shekh and six other, who claim to have been enrolled as valid members, shall be permitted to participate in the elections. The vote cast by them shall be kept in a separate box and the result of the elections shall not be declared without leave of the District Inspector of Schools.

4. Simultaneously, the aforesaid Mohd. Arif Shekh along with 5 others filed Civil Misc. Writ Petition No. 25543 of 2003 before this court for the similar relief i.e. that the entire election program be quashed as the aforesaid six persons were not being permitted to participate in the elections, although they are validly enrolled as member of the general body. The Hon'ble High Court disposed of the said writ petition by means of judgment and order dated 8th July, 2003 with the observation that the legality or otherwise of the elections, which are schedule to take place on 30th June, 2003, shall be examined by the Regional Level Committee constituted under the Government Order dated 19th December, 2000 with further direction that the Regional Level Committee, while considering the approval of the elections dated 30th June, 2003, shall also take into consideration the representation, which was permitted to be made by the petitioners of the aforesaid writ petition, namely Sri Arif Shekh and others. The Hon'ble High Court required the Regional Level Committee to pass a reasoned speaking order strictly in accordance with law.

5. The Regional Level Committee after affording opportunity of hearing to the parties concerned, by means of order dated 29th September, 2003 upheld the legality of the elections which have taken place on 30th June, 2003 and directed that the said elections be recognized. It is was also provided that the dispute in respect of the membership of the aforesaid 7 persons shall be decided in a meeting of the general body to be held, in the presence of the District Inspector of Schools. In respect of the allegations that certain office bearers being related to each other, it was provided that the District Inspector of Schools may examine the said aspect and submit his report before the Regional Level Committee.

6. In pursuance of the aforesaid order of the Regional Level Committee, the signatures of the elected Manager of the election dated 30th June, 2003 namely Sanat Ullah were attested and the Committee of Management with Sri Sanat Ullah as Manager was put in effective control of the institution. However, on 3rd January, 2004, the Regional Joint Director of Education, Moradabad Division, Moradabad passed an order to the effect that the Regional Level Committee, in its meeting held on 18th December, 2003, has taken a decision that the approval granted to the elections dated 30th June