Ganga Prasad Singh vs State of U.P.& Ors.

S. N. Srivastava, J.—Heard learned Counsel for the petitioner and also learned Standing Counsel. I have also been taken through the materials on record.

It transpires from the record that Jitendra Smarak Inter college Narayanpur Kothi District Kushinagar is a recognized Institution under the Education Act. By an order dated 27112004, the Prabandh Sanchalak was appointed to hold election. Eversince then more than two years already elapsed but no election has been held. Presently, it has been brought to the notice of the Court, the District Inspector of Schools has been appointed as Prabandh Sanchalak of the college.

Without going into details of the entire controversy, it would suffice to say the intention of the legislature is very clear that once Prabandh Sanchalak is to hold election, it must be held as early as possible. It is not at all intended to perpetuate the continuance of Government Officers in the institution to manage its affairs.

In the facts of the case and also upon consideration of the provisions relating to appointment of Prabandh Sanchalak on expiry of the term of Committee of Management or on any other ground, this Court is of the view that after its appointment, the Prabandh Sanchalak shall take all effective steps o hold election and to complete process of election within a period not exceeding three months.

In the result, the writ petition is disposed of attended with the direction that Prabandh Sanchalak shall initiate necessary steps for holding election as early as possible which shall be taken to completion within a period not exceeding three months.