been approved and a direction has been issued to
the Authorised Controller for holding fresh election of the Committee of
Management.
It is stated that ... Education passed an order on 30th July, 2008 appointing an Authorised
Controller in the Institution for holding fresh elections of the Committee of
Management
Management of
the Institution were to be held by the Authorised Controller. After
inviting objections, the Authorised Controller finalised the
electoral college by the order ... order dated 26th February, 2009 the election was postponed.
The Authorised Controller was changed in the meantime and the
new Authorised Controller sent a communication
function and the Deputy Director of Education has to appoint an
Authorised Controller to manage the affairs of the Institution and hold the
elections ... incumbent upon the authorities to have
appointed an Authorised Controller to manage the affairs and hold the
elections of the Committee of Management
observations:-
"Before passing of the impugned order dated
30.10.2002 appointing Authorised Controller, no
opportunity has been given to show cause against the
recommendation ... clearly held that the concerned authority can proceed to
appoint an Authorised Controller once it is found that the elections are
invalid and the directions
order :-
"Learned counsel for the petitioner submits that
earlier the authorised controller was appointed in
institution and under the direction of this Court ... that District Inspector of Schools in question
was appointed as authorised controller of the institution
to look after the affairs of the institution
aside and a
recommendation has been made for appointment of an Authorised Controller
under Section 16-D of the U.P. Intermediate Education ... Scheme of Administration of the Institution till the Authorised Controller is
appointed or the Committee of Management takes charge after the fresh
elections are held
Education, Vindyachal Region, Mirzapur
by which he has changed the Authorised Controller earlier appointed by him
in the Institution.
The records of the writ petition ... that the District Inspector of Schools
had been functioning as the Authorised Controller in the Institution since a
long time, but by the order dated
Writ Petition Nos. 48985 of 2009
and 33810 of 2006, the Authorised Controller was directed to
ensure that fresh elections of the Committee of Management ... October,
2009 passed by the Joint Director of Education changing the
Authorised Controller who was required to hold the elections was
challenged against which Special
quashing the order dated 2nd
January, 2009 passed by the Authorised Controller/Associate
District Inspector of Schools staying the election process for
election ... filed
regarding the election that was to be held and the Authorised
Controller and taking notice of the complaint, the Authorised
Controller stayed the election
hereinafter
referred to as the 'Act') by which an Authorised Controller has been
appointed to take over the Management of the petitioner-Institution ... Section 16-D(4) of the Act for appointment of an Authorised Controller and
this order was assailed by the present petitioner no.2-Rajiv
