The provisions contained in the scheme of administration providing for dissolution of the Committee of Management after expiration of 3 years and two months, in case an elected committee is, not constituted within that period are directory and in case, the officer bearers of old Committee of Management are allowed to conduct the elections, within a reasonable period, the election so held would not be invalid merely because it was held at the behest of the office bearers of out going Committee of Management beyond the stipulated period of their term.

1. Hari Baba Janta Inter - College Gawan, District Budaun, is an Intermediate College recognised as such under the provisions of the U.P. Intermediate Education Act, 1921 (In short the Act) and administered by its own scheme of administration as approved under the provisions of the aforesaid Act. In the scheme of administration is enshrined the provision for constitution of a Committee of Management to manage the affairs of the College in accordance with the provisions of the Act and the regulations framed thereunder. Paragraph 6 of the scheme of administration postulates that the term of the office-bearers and elected members of the Committee, would be three years with strings attached that the term of each of the office - bearers of the Committee of Management would prolong till elections of its successor provided that such term would not extend beyond two months. It is further provided therein that if the office bearers of Committee of Management fail to get the new Committee of Management constituted within two months next after the expiration of the three years terms of the Committee of Management, then the procedure prescribed for election and construction of the Committee of Management shall be followed. The procedure for election of the Committee of Management is laid down in para 5 of the scheme. The provisions in this regard, embodied in the scheme of administration as amended by the Regional Deputy Director of Education vide letter dated 28-1-1985 in so far as they are relevant, are abstracted below for ready reference.

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;fn nks ekl ds Hkhrj uohu lfefr dk xBu inkf/kdkfj;ksa }kjk ugha djk;k tkrk gS rks uohu lfefr ds fuokZpu xfBr djkus gsrq lfefr ds pquko dh ÁfØ;k esa fn, x;s micU/k ykxw gksxsA**

2. It is evident that if one third members of the general body of the society also fail to set forth a written demand to the District Inspector of Schools for purposes of election and constitution of the new Committee of Management, in that eventuality, the District Inspector of Schools will have power to dissolve the Committee of Management and embark upon measures to have a new committee constituted in accordance with the scheme of administration.

3. Admittedly, the term of the old Committee of Management expired on 11th January, 1995. The process of election for constituting a new Committee had been initiated earlier vide notice published in Dainik Jagran on 13th December 1994 and according to the said schedule, 14.2.1995 was the date fixed for filing nominations, 20.2.1995 for scrutiny, 21.2.1995 for withdrawal and 1.3.1995 for polling. It seems, however, that the