JUDGMENT Arun Tandon, J.
1. Heard Sri Diwakar Rai Sharma, learned Counsel for the petitioner, and Sri Piyush Shukla, learned Standing Counsel for the State-respondent. It is not necessary to call for counter affidavit in view of the order proposed to be passed by this Court in the present writ petition.
2. The petitioner, Sri Lalit Mohan Agrawal, claiming himself to be the Manager of Champa Agrawal Kanya Vidyalaya, Aligarh has filed this writ petition against the order dated 11th October, 2004 passed by the District Inspector of Schools, Aligarh, whereby single operation of accounts has been directed in the institution as also against the notice issued by the Regional Joint Director of Education, Agra dated 20th October, 2004, whereby the petitioner has been called upon to show-cause as to why a Prabandh Sanchalak be not appointed in the institution, in view of the report of the District Inspector of Schools, Aligarh dated 18th October, 2004.
3. So far as the order passed by the District Inspector of Schools, Aligarh dated 11th October, 2004 is concerned, it is mentioned therein that the elections of the Committee of Management of the Institution have not been held since 10th November, 1979. The aforesaid statement of fact as noticed in order of the District Inspector of Schools, Aligarh dated 18th October, 2004 has not been challenged by the petitioner in the present writ petition.
4. However, it is contended that the elections of the Committee of Management could not take place because of the interim order passed by this Court in Civil Misc. Writ Petition No. Nil of 1990, dated 12th April, 1990, a copy whereof has been enclosed as Annexure 10 to the writ petition and therefore, it is contended that the order of the District Inspector of Schools dated 11th October, 2004 is legally not sustainable.
5. The aforesaid contention raised by the petitioner is totally misconceived. From the order passed by this Court dated 12th April, 1990 it is apparent that the Hon'ble High Court has not restrained the petitioner from holding fresh elections of the Committee of Management of the institution. The order dated 12th April, 1990 passed by this Court reads as follows "Issue notice.
The elections of the society may be held on the scheduled dated 14.4.1990 and the result may also be declared but the same, shall not be given effect to."
6. In the opinion of the Court, the aforesaid order does not in any way restrict the petitioner from holding the elections of the Committee of Management of the Institution. It may also be noticed that the elections of the Committee of Management of the Institution are to take place in accordance with the approved scheme of administration, a copy whereof has been enclosed by the petitioner as Annexure No. 14 to the writ petition. Clause 5(6) of the said scheme of; administration provides that the elections of the Committee of Management shall: be held from amongst the members of the general body by one non-transferable votes of the majority. Clause 7 of the said scheme of administration further provides that the term of the Committee of Management including its office bearers shall be three years only. However, there is a provision that the office bearers shall continue till the newly elected office bearers assume charges. In the opinion of the Court Clause 7 permitting the office bearers to the continuance till the newly elected office bearers assume charges cannot be extended to mean that the office bearers shall continue for unlimited period without holding fresh elections. The last elections of the Committee of Management were held in the year 1979. Admittedly no elections have taken place for the last 25 years.
7. In such circumstances, the order of the District Inspector of Schools, Aligarh directing single operation of the accounts of the institution cannot be faulted with nor any interference under Article 226 of the Constitution of India is called for.
8. So far as the notice issued by the Regional Joint Director of Education, Agra dated 20th October, 2004 is concerned, suffice it to point out that the said notice only requires the petitioner to show-cause as to why the Prabandh Sanchalak be not appointed in the institution. No interference to the said notice dated 20th October, 2004 issued by the Regional Joint Director of Education, Agra is called for under Article 226 of the Constitution of India. The petitioner is at liberty to submit his reply to the said show-cause notice issued by the Regional Joint Director of Education, Agra as he may be advised. The Regional Joint Director of Education, Agra shall consider the same and pass appropriate orders by means of a reasoned speaking order within one month from the date a certified copy of this order is produced before him.
9. The writ petition, is accordingly, dismissed. No order as to cost.