The petitioners are challenging the order dated 6.9.2011 by which he has allowed Sri Ashok Kumar Tiwari to function as Manager. It appears that by the resolution dated 13.6.2010, the Committee of Management has removed Sri Ashok Kumar Tiwari from the post of Manager and Sri Daya Shanker Pandey has been appointed as Manager. On the basis of the said resolution, the District Inspector of Schools, Azamgarh has attested the signature of Sri Daya Shanker Pandey as Manager. The said order has been challenged in Writ Petition No. 47363 of 2010 by the respondents. Vide order dated 12.8.2010, the matter has been relegated to the District Inspector of Schools, Azamgarh on the ground that the said order was passed without giving opportunity of hearing. The impugned order has been passed after giving opportunity of hearing.
Learned counsel for the petitioners submitted that the resolution dated 13.6.2010 by which Sri Ashok Kumar Tiwari has been removed has neither been set aside nor has been stayed by any of the competent authority and by the resolution Sri Ashok Kumar Tiwari is no more Manager of the Society and, therefore, he cannot be allowed to continue as Manager by the District Inspector of Schools, Azamgarh by the impugned order.
This Court has put a specific question to the learned counsel for the respondents that whether the resolution dated 13.6.2010 has been set aside or stayed by any of the competent authority, no reply has been given. So long the resolution dated 13.6.2010 of the Committee of Management removing Sri Ashok Kumar Tiwari stands, Sri Ashok Kumar Tiwari cannot be allowed as Manager inasmuch as when Sri Daya Shanker Pandey has been appointed as Manager in the same resolution he is the only competent person to act as Manager so long the resolution dated 13.6.2010 stands.
Sri V.D. Shukla, learned counsel appearing on behalf of respondent nos. 3 and 4 may file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List thereafter.
Till the next date of listing, the operation of the order dated 6.9.2011 passed by the District Inspector of Schools, Azamgarh, Annexure-7 to the writ petition, is stayed and the District Inspector of Schools, Azamgarh is directed to attest the signature of Sri Daya Shanker Pandey, who has been appointed as Manager by the resolution dated 13.6.2010 and Sri Daya Shanker Pandey shall continue to be the Manager so long the resolution dated 13.6.2010 stands or any fresh election takes place electing any other person as Manager.
Order Date :- 20.12.2011 OP