The petitioners are the committees of management constituted in an election held on 14.1.2007. The term of the committee of management was five years, which is going to be expired on 13.1.2012.
The contention of the petitioners is that respondent no. 5 was elected as manager. He set up an election held on 8.1.2012, which has been disapproved by the District Inspector of Schools, Aligarh vide order dated 30.1.2012. By the said order, the District Inspector of Schools, Aligarh has directed to hold the election within one month. After the aforesaid order, on a letter of respondent no. 5, dated 31.1.2012, the District Inspector of Schools, Aligarh vide his order of date has approved the appointment of Sri Satish Chandra Jaiswal as the election officer and has appointed Sri Raghvendra Singh, Principal, Smt. Saroj Devi Rajkiya Inter College, Gorai (Aligarh) as observer. He submitted that in Dainik Jagran Newspaper on 3.2.2012, a news has been published that the election will be held on 10.2.2012 and the election officer, Sri Satish Chandra Jaiswal has informed that on 10.2.2012 nomination shall be withdrawn and in case, it will be necessary, the election will be held on 12.2.2012. He submitted that under clause 10 (1) of the scheme of administration, which is Annexure-1 to the writ petition, the election officer has to be appointed in the meeting of the general body convened by the manager after the approval of the president and in the notice of the meeting there should be signatures of both manager and president, while the election officer has been appointed only by the manager and not by the general body.
The submission of the petitioners needs consideration.
Learned Standing Counsel appears on behalf of respondent nos. 1 to 4. Issue notice to respondent no. 5. The petitioners may take steps to serve the respondent no. 5 by dasti summon as well as by registered post. All the respondents may file counter affidavit within three weeks.
List on 12.3.2012. Till the next date of listing, the election may go on but the result of the election may not be declared.
Order Date :- 8.2.2012 OP