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2022 Supreme(All) 1593

RAJESH BINDAL, J. J. MUNIR
Committee of Management, National Inter College, Shikarpur – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ravi Shankar Prasad, Mithilesh Kumar Rai, Rahul Srivastava and Sikandar Khan
For the Respondent: A.K. Ray, A.C.S.C., G.K. Singh, Sankalp Narain and Hritudhwaj Pratap Sahi

JUDGMENT :

By the Court.-The Joint Director of Education, First Region, Meerut thought that when there are two or more rival Committees of Management, who claim to be validly elected to office, he could exercise his powers under Section 16-A(7) of the Uttar Pradesh Intermediate Education Act, 1921; not otherwise. He also seems to have thought that if there is a complainant assailing the validity of an elected management, he could go into its validity if there was a direction to that effect made by this Court. About the first part of the Joint Director's opinion, we find that he was wrong on facts and about the second part, he was in error about the law.

2. The facts in this case show that the last undisputed elections to the Committee of Management of National Inter College, Shikarpur, District Bulandshahr, the institution being governed by the Uttar Pradesh Intermediate Education Act, 1921 (for short, ''the Act'), were held on 29.10.2017. The Committee had a term of three years and one month. This term ended on 28.11.2020. The outgoing Committee of Management say that they called a meeting of the General Body to hold the next elections, scheduled for 14.7.2020 through a notice dated

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