Heard learned counsel for the petitioners, learned Standing Counsel for the State-respondents and Sri M.B.Singh and Sri Vikas Singh, Advocates, who have put in their appearance on behalf of respondent no.5.
Under challenge in this petition is an order dated 20.08.2019 passed by the District Inspector of Schools,Ayodhya whereby Vice-Principal of Government Inter College, Ayodhya has been nominated to act as Observer for the election of the Committee of Management of Dwapar Vidyapeeth Inter College, Baraipara, Maya Ayodhya pursuant to determination of dispute under Section 25 (1) of the Societies Registration Act by the Sub-Divisional Officer.
Submission of learned counsel for the petitioners is that list of members of general body of the Society annexed with the order dated 20.08.2019 contains names of at least six dead persons and as such on the basis of such an electoral college, election of the Committee of Management can not be held. Another submission made by learned counsel for the petitioners is that the Director of Education (Secondary), U.P., Lucknow vide order dated 14.01.2015 had directed that after determination of an electoral college for the election of general body of the institution, further action may be taken on approval of model scheme of administration of the institution in terms of Government Order 25.08.2011 and without ensuring compliance of the order dated 14.01.2015 elections are schedule to be held.
So far as the first submission made by learned counsel for the petitioner is concerned, merely because the list of electoral college appended with the order dated 20.08.2019 contained names of certain dead persons will not vitiate the action of the District Inspector of Schools. As regards submission of learned counsel for the petitioner based on order dated 14.01.2015 passed by the Director of Education (Secondary) is concerned, now the dispute under Section 25 (1) of the Societies Registration Act has been resolved by the Sub-Divisional Officer and as a necessary consequence election of the Committee of Management of the institution is to be held in terms of the provision of scheme of administration of the institution. Further, it is noticeable that the order passed under Section 25 (1) of the Societies Registration Act appears to be under challenge before this Court in Writ Petition No.22848 (M/S) of 2019, however no interim order in the said petition is operating.
For the aforesaid reasons, I do not find any good ground to interfere in this petition, which is hereby dismissed.
Order Date :- 30.8.2019 Renu/-