IMPORTANT POINT
The court established that the authority to conduct elections and the obligation to attest signatures of elected officials must be exercised in accordance with existing legal frameworks, and that prior valid elections cannot be disregarded without proper justification.

JUDGMENT :

SHREE PRAKASH SINGH, J.

1. Supplementary Affidavit filed today by the learned counsel for the petitioners is taken on record.

2. Mr. Som Kartik, Advocate, on the instructions of Smt. Arunima Risal Singh, submits that he has instructions to assist the court in the present matter, but he did not come with proper application as provided under the Rules of the Court, thus his prayer is rejected.

3. Heard Mr. Apoorva Tewari and Mr. Zainuddin Mohammad Siddiqui, learned counsels for the petitioners, Sri Shailendra Kumar Singh, learned Chief Standing Counsel and Mr. Rajeev Singh Chauhan, learned Additional Chief Standing Counsel for the opposite parties.

4. Under challenge is the order dated 21-11-2023 passed by the Joint Director of Education, VIth Region, Lucknow, by which, the earlier order dated 14-07-2022, for appointing the Authorized Controller in the institution in question, is extended for further period of six months. It is further provided in the order that the election of the Committee of Management, shall also be conducted as per the Model Scheme of Administration.

5. Contention of learned counsel for the petitioners is that in the institution, namely, Cetennial Higher Secondary School (now Inter College), Golaganj, Lucknow, an Authorized Controller was appointed vide order dated 14-07-2022 passed by the Joint Director of Education, and thereafter, vide impugned order dated 21-11-2023, the same has been extended for further period of six months, though without considering the fact that the election of the Committee of Management of the institution in question, has already been held on the strength of the order passed by the District Inspector of Schools, Lucknow, by virtue of which an Observer was appointed and the election was held by the Authorized Controller on 03-04-2023, wherein Dr. R.R. Loyal, has been elected as Manager alongwith other persons for the different posts in the Committee of Management.

6. Submission of learned counsel for the petitioners is that there is allegedly a dispute with respect to the parent society and the challenge was made vide Writ C No. 2124 of 2022, wherein an interim order was passed on 03-04-2023. The operative portion of the order dated 03-04-2023 is quoted herein-under:

“With consent of parties, let status quo prior to the holding of elections be maintained by the parties. The authorized controller, if, has been appointed prior to the order dated 31.03.2023 shall continue till next date of listing as well as the single hand operation, if it is in effect, prior to the passing of its order dated 31.03.2023 shall continue till next date of listing for these two institutions only.”

7. Referring the aforesaid, he submits that later on, the matter was finally heard and the Judgment was reserved in three writ petitions namely, Writ C No. 8521 of 2022, Writ C No. 2124 of 2022 and Writ C No. 1046 of 2023 and subsequently, the matter was released and thereafter, it was listed for hearing, but, so far as the interim order dated 03-04-2023 is concerned, that is not extended, which is an undisputed fact, and this fact is also skipped by the Joint Director, which indicates that there is non application of mind on part of opposite party no. 2.

8. Further contention of learned counsel for the petitioners is that since the valid election of the Committee of Management of the institution, has already been held, therefore, as per the provision of the government order dated 20-10-2008, it is incumbent upon the District Inspector of Schools, Lucknow to take a decision on the attestation of the signature of the newly elected Manager of the Committee of Management within a period of two weeks, and if there is any legal impediment, he may refer the matter to the Regional Level Committee and in such event the Regional Level Committee will take decision within further period of one month. He added that the election of the Committee of Management is held on 03-04-2023, but, even after passing of about one yea