The main legal point established in the judgment is the requirement for adherence to the approved Scheme of Administration under the U.P. Intermediate Education Act, 1921, and the need for disputes regarding elections and Committee of Management to be adjudicated in Civil Courts.

Rakesh Tiwari, J.

Sri Durgaji Inter College Chiotidan, Nai Bazar, Mau is a recognized and aided institution governed by the provision of U.P. Intermediate Education Act, 1921 (U.P. Act No. 24 of 1971). The institution has an old scheme of administration approved by the Deputy Director of Education for its management. Clause 10 of the old scheme of the management provides filling of casual vacancy and Clause 11 empowers the President under the scheme to convene the meeting on the written proposal of 4 members and the procedure with regard to conduct of any meeting under Clause 12.

2. The undisputed election of the Committee of Management took place in the year 2003. In the said election Sri Salik Ram Upadhyaya was elected as President/Manager and the petitioner Sri Uttam Nisad was elected as Vice President whereas the respondent No. 5, Sri Rajendra Prasad Naik was elected as member of the Executive Committee. The said election was granted recognition by the educational authorities. Clause 10, 11 and 12 of the old scheme of administration is as under:

10- mik/;{k&v/;{k dh vuqifLFkfr vFkok infjDr dh fLFkfr esa /kkjk & dh mi/kkjk ¼1½ ls ¼7½ rd esa mfYyf[kr vf/kdkjksa dk mi;ksx dj ldsxk vFkok d`R;ksa dk lEiknu djsxk A

11- v/;{k vkSj mik/;{k dh vuqifLFkfr esa izca/k lfefr dh cSBdksa dh v/;{krk ea=h dh izkFkZuk ij dksbZ lnL; dj ldsxk A

12- izca/k lfefr dh izfr N% ekg vkSj laLFkk ds lnL;ksa dh lkekU; lHkk dh izfr nks o"kZ de ls de ,d ckj cSBd vo'; gksxh A ;fn cSBd u cqyk;h tk;s rks fdlh Hkh lnL; dks vf/kdkj gksxk fd og cSBd cqyk;s A

3. Shri Salik Ram Upadhyaya expired on 5.1.2005. This created a casual vacancy for the post of President/Manager. The petitioner claims that an Agenda notice was issued by the Vice President on 6.1.2005 for convening meeting on 10.1.2005 for the purpose of filling up casual vacancies caused due to death of Shri Salik Ram Upadhyaya. It is alleged by the petitioner that in the meeting of the Committee of Management on 10.1.2005, decision was taken electing petitioner as President/Manager against the aforesaid casual vacancy. It is also claimed that consequently Agenda notice dated 15.1.2005 was issued for convening meeting on 20.1.2005 in order to take decision with regard to holding of fresh elections. The District Inspector of Schools by his order dated 11.10.2005 appointed election supervisor for holding of the fresh elections and accordingly election schedule was also published in the newspaper on 21.10.2005. The D.I.O.S. vide his order dated 24.10.2005 suspended his earlier order dated 11.10.2005 whereby he had appointed Election Supervisor for holding fresh elections.

4. Writ Petition No.78373 of 2005 appears to have been filed by the petitioner Shri Uttam Nishad challenging the order passed by D.I.O.S. on 24.10.2005 which was disposed of with the following directions :-

During pendency of writ petition before this Court, it transpires that elections have been held on 01.01.2006, After issuance of Government Order dated 19.12.2000, such election will get life only if it is accorded recognition by Regional Committee constituted under Government Order dated 19.12.2000. Till date election dated 01.01.2006 has not at all been accorded recognition and the papers are lying with the District Inspector of Schools, as per information furnished. Petitioner is assailing validity of the said election on the ground that at no point of time, the person who has convened meeting and held election had any authority to hold election, and further, at no point of time he had ever been asked to function as Working President, and the resolution appointing him as Working President is totally manipulated document, as such no credibility can be attached to the same. It has been contended that elections have not been held as per provisions contained in the Scheme of Administration and valid members have not participated and in spite of the fact that petitioner, Uttam Nisad, who happens to be Vice President of the Management