JUDGMENT Tarun Chatterjee, C.J. and Vineet Saran, J.
1. This Special Appeal is the result of a spate of litigation between the rival factions of the Committee of Management of Mukarram Inter College, Pahasu, District Bulandshahr. The present appeal arises out of judgment and order dated 21.3.2003 passed by a learned single Judge in Writ Petition No. 9016 of 2003. The said writ petition was filed by the Committee of Management of the college through its Manager Rahat Azim for quashing the order dated 15.2.2003 passed by respondent No. 1, Regional Level Committee and the consequential order dated 18.2.2003 passed by District Inspector of Schools, Bulandshahr. By the said order dated 15.2.2003 the Regional Level Committee held that the election of the Committee of Management dated 9.1.2000 in which writ petitioner Rahat Azim was elected as Manager of the Committee of Management was illegal, and recognised the election of the Committee of Management held on 14.9.2001 in which appellant Shafiullah Khan was elected as Manager of the college.
2. The facts in brief relevant for the decision of this appeal are that in an election of the Committee of Management of the college held on 21.7.1996, the respondent No. 6 herein (writ petitioner) Rahat Azim was elected as Manager and one Mohd. Rafique as President. The said election was recognised by the District Inspector of Schools vide his order dated 2.8.1996. Shafiullah Khan challenged the aforesaid election in Writ Petition No. 12763 of 1997, Another Writ Petition No. 34822 of 1998 was filed claiming rights on the basis of the election alleged to have been held on 13.9.1998. The said writ petition was disposed of on 29.10.1998 with a direction to the District Inspector of Schools to decide the dispute. On 3.3.1999 the District Inspector of Schools rejected the claim of Shafiullah Khan and also held that the elections of the Committee of Management dated 21.7.1996 were valid. The said order of the District Inspector of Schools was again challenged by Shafiullah Khan in Writ Petition No. 19327 of 1999. While refusing to interfere with the order of the District Inspector of Schools, this Court on 11.5.1999 disposed of the writ petition with the observation that since the term of the Committee of Management was of three years which was to expire on 21.7.1999, hence the District Inspector of Schools was to ensure that fresh elections were held. However, Special Appeal No. 525 of 1999 was preferred against the aforesaid order in which, by an interim order dated 12.7.1999, the order dated 11.5.1999 passed by the learned single Judge was stayed. However, prior to the passing of the order of the learned single Judge, the scheme of administration had been amended by the committee of management, and by a resolution of the committee of management, the term was extended from three to five years. The said resolution had also been approved by the Joint Director of Education on 25.8.1998. Thereafter on 14.11.1999, the scheme of administration had again been amended by which it was provided that if two-third of the office bearers of the Committee of Management resigned or two-third of its members passed a resolution, then mid term election could be held. In pursuance of the aforesaid amendment in the scheme of administration, fresh elections of the Committee of Management were held on 9.1.2000 in which writ petitioner Rahat Azim was elected as Manager of the committee of management. The said elections held on 9.1.2000 were duly recognised by the District Inspector of Schools vide his order dated 24.1.2000.
3. Challenging the said elections, Shafiullah Khan filed Writ Petition No. 12772 of 2002. Another Writ Petition No. 40174 of 2001 had also been filed claiming that after the expiry of term of five years another election had been held on 14.9.2001 and the same be recognised. Both these writ petitions were dismissed as withdrawn on 1.5.2002.
4. However, one Madan Pal Singh claiming himself to be elected as Vice President of the Committee of Management in the election held on 14.9.2001, filed yet another Writ Petition No. 6051 of 2002 which was disposed of on 13.2.2002 with a direction that a committee headed by the Joint Director of Education would look into the grievance of the petitioner therein and pass appropriate orders. By order dated 7.11.2002 the Joint Director of Education held that both the elections dated 9.1.2000 and 14.9.2001 were illegal. A further direction was issued that an Authorised Controller be appointed. Challenging the said order, Writ Petition No. 50544 of 2002 was filed by Rahat Azim and this Court vide its order dated 26.11.2002 quashed the order dated 7.11.2002 as the same had been passed by the Joint Director and not by the Committee headed by the Joint Director of Education. The matter was thus sent back for being decided afresh. The aforesaid order dated 7.11.2002 was also challenged by Shafiullah Khan in Writ Petition No. 1290 of 2003 in which an interim order was passed on 14.1.2003 directing the District Inspector of Schools to discharge the functions of Manager of the College. Against the order of the learned single Judge passed in the said writ petition, Special Appeal No. 55 of 2003 was filed by writ petitioner Rahat Azim which was allowed on 28.1.2003 and Writ Petition No. 1290 of 2003 was dismissed.
5. Thereafter in pursuance of the order dated 26.11.2002 passed in Writ Petition No. 50544 of 2002, the Regional Level Committee headed by the Joint Director of Education passed the order dated 15.2.2003 holding the election of the Committee of Management dated 9.1.2000 to be illegal and recognised the election dated 14.9.2001 in which Shafiullah Khan was elected as Manager of the College. The said order was under challenge in Writ Petition No. 9016 of 2003 which has been allowed by the learned single Judge and the order dated 15.2.2003 has been quashed, against which this appeal has been filed by the Committee of Management of the college through its Manager Shafiullah Khan. The Committee of Management of the college through its Manager Rahat Azim as well as Rahat Amin in his capacity as Manager of the college have been impleaded in this appeal as respondent Nos. 5 and 6 respectively.
6. Having heard learned counsel for the parties at length and on perusal of the record we are of the view that this appeal lacks merit and deserves to be dismissed.
7. The election of the Committee of Management held on 9.1.2000 was in pursuance of the amendment made in the scheme of administration of the Committee of Management which was duly incorporated on 14.11.1999 which provided for holding mid term election on a resolution of the committee of management. Since the election dated 9.1.2000 was held in pursuance of such a resolution of the Committee of Management and thus held before expiry of the period of five years, the same could not be said to be illegal. The said elections were also duly recognised by the District Inspector of Schools on 24.1.2000. Challenging the said elections, the appellant Shafiullah Khan had filed Writ Petition No. 12772 of 2002 which was got dismissed as withdrawn on 1.5.2002. The other Writ Petition No. 40174 of 2001 by which the election dated 14.9.2001 was sought to be recognised was also got dismissed as withdrawn on 1.5.2002. No liberty was sought by the writ petitioner therein for filing another writ petition on the same cause of action. The direction issued on 11.5.1999 in Writ Petition No. 19327 of 1999 requiring the District Inspector of Schools to ensure fresh elections after expiry of three years' period on 21.7.1999 was stayed on 12.7.1999 in Special Appeal No. 525 of 1999. It is not disputed that the said interim order was in operation when fresh elections were held on 9.1.2000, hence also the said election held on 9.1.2000 cannot be said to be invalid. It has not been clarified in the order dated 15.2.2003 by the Regional Level Committee as to under what authority the elections of the Committee of Management were held on 14.9.2001 in which Shafiullah Khan was elected as the Manager. Because of the interim order dated 12.7.1999 passed in Special Appeal No. 525 of 1999 staying the operation of the order dated 11.5.1999 passed in Writ Petition No. 19327 of 1999, the District Inspector of Schools could not be said to have been authorised to hold any fresh elections. Thus, without clarifying the authority under which the elections dated 14.9.2001 took place, the same could not have been held to be valid. The reasoning given by the learned single Judge for quashing the order dated 15.2.2003 passed by the Regional Level Committee is fully justified. The submission of the learned counsel for the appellant that since the direction for deciding the dispute had already been issued on 13.2.2002 in Writ Petition No. 6051 of 2002, hence writ petition Nos. 12772 of 2002 and 40174 of 2001 had been got dismissed as withdrawn and thus the same would not operate as binding on the appellant as regards the finality of the order dated 24.1.2000 passed by the District Inspector of Schools recognising the elections held on 9.1.2000, does not have force. We are unable to accept this submission as in our view once a party had got his writ petition challenging the order dated 24.1.2000 dismissed as withdrawn without seeking liberty to file a fresh writ petition, he cannot be permitted to continue to raise the same dispute again and again. Finality has to be given to proceedings at some stage. Once a party has itself declined to press his writ petition challenging particular decision at one stage of the entire proceedings, he should not be permitted to raise the dispute afresh on the basis of the order passed in some other writ petition filed by a different party. Even otherwise in the absence of the appellant having been able to show the authority under which the elections dated 14.9.2001 had been held, the same cannot be treated as valid. The election dated 9.1.2000 having been validly held under the provisions of the scheme of administration of the Committee of Management and the same having been duly recognised by the District Inspector of Schools, in our view, the said Committee would be authorised to function till the expiry of its term.
8. The appeal thus lacks merit and is accordingly dismissed and the order dated 21.3.2003 passed in Writ Petition No. 9016 of 2003 is confirmed. No order as to cost.