Smt. Nishat Fatima and Others vs District Inspector of Schools and Others

Anjani Kumar, J.—Heard Sri W. H. Khan, learned counsel for the petitioner and Sri Haidar Husain, learned counsel appearing for the contesting respondents.

This writ petition has been directed against an order which relates to an election which was due in March, 1993. Admittedly, the term for which the elections were held and conducted in due course of time had come to an end. Sri Haidar Husain, learned counsel for the respondents, submitted that since the election has already been held during the pendency of the writ petition on 22.7.2002, when the interim order was not in operation which was subsequently stayed by this Court by the order dated 30th July, 2002. This argument advanced by Sri Haidar Husain deserves to be rejected. The election said to have taken place on 22nd July, 2002, was with regard to the election which was due in 1993 and the term being three years, the election held in the year 2002 cannot be said to be valid election beyond the period 1993-96. Even assuming the election held in 2002 as suggested by Sri Haidar Husain was valid election, it would be valid only till 1996.

Be that as it may, today, admittedly, there is no elected Committee of Management in the institution in question and it is admitted at Bar that the institution is being managed by the authorised controller, the authorised controller is directed to conduct the election in accordance with law afresh within a period of three months from the date of production of a certified copy of this order before it.

With the aforesaid direction, this writ petition is finally disposed of.