JUDGMENT N.L. Ganguly 1. SINCE the dispute in both the cases relates to the election of the same Institution and by order dated 9-7 93, both the petitions were connected and directed to he heard together, hence I proceed to consider and note the facts of the writ petition no 14962 of 1990 (referred to as the Ist writ petition). 2. THE undisputed facts stated in the 1st writ petition are that last elections the committee of management of the aforesaid institution was held on 27-7-86. THE Committee constituted of Sri Ved Prakash Sharma and Sri Babu Singh as President and Manager thereof respectively. THE scheme of administration provides that the elected committee of management would hold office for three years. THE fresh election for the committee of management is to be held within one month after three years of the approved constituted committee of management. THE petitioner stated that the tenure of the elected office bearers of the committee of management elected in 1986 was to expire on 26-7-89. THE petitioner submitted that for various reasons, the election of the committee of management of the institution could not take place within the specified period of three years one month. However, it is said that the elected office bearers of the committee of management continued to function as legal committee of management even after 27-7-86. A letter dated 19-1-90 was sent to the manager of the committee of management by the District Inspector of Schools referring to the amended scheme of administration of the institution The D.I.O.S. called for an explanation as to why recommendations be not made to Dy. Director of Education for appointing a Prabandh Sanchalak for taking ' over the management of the institution. The petitioners stated that inspite of the said letter of the D.I.O.S., no action was taken for appointing a Prabandh Sanchalak and the D.I.O.S. continued to accept the salary bills etc. sent by the committee of management and its manager even July 1989 till March 1990. 3. THE petitioners stated that steps were taken for holding election. A request was made by the petitioner, for appointing an observer and the election programme was duly published in the news paper. It is said that the D.I.O.S. had informed by letter dated 5- 3-90 to the petitioners that matter was referred to the Dy. 3. THE petitioners stated that steps were taken for holding election. A request was made by the petitioner, for appointing an observer and the election programme was duly published in the news paper. It is said that the D.I.O.S. had informed by letter dated 5- 3-90 to the petitioners that matter was referred to the Dy. Director of Education for appointment of Prabandh Sanchalak according to the amended scheme of administration. 4. THE petitioners claim to have the elections conducted as per programme on 25-3-90 and the committee of management was duly constituted with Sri Braham Singh and Sri Babu Singh, petitioner as President and Manager, respectively. THE papers were forwarded to the D.I.O.S. for approval of the elected office bearers. THE Dy. Director of Education vide letter dated 13-2-90 directed the D.I.O.S. to secutinise the material before it regarding the election and the continuation of the committee of management as submitted by the petitioners on she basis of the election held on 25-3-90 A representation was made by the petitioner on 16-4-90 to the Dy. Director of Education about the approval of the elected office bearers but the D.I.O.S. in the mean time passed orders dated 24-4-90 exercising his powers under Section 5 (1) of the U. P. High School and Intermediate College (Payment of Salary to Teachers and other Employees) Act, 1971. THE petitioners said that the action of the D.I.O.S. was nothing but creating obstrucle in the smooth functiong of the committee of management of the petitioner. THE petitioner in the first writ petition prayed for issuing a writ of certiorari quashing the order dated 28-5-90 (Annexure 10) by which Prabandh Sanchalak was appointed by the Dy. Director of Education with a direction that the Prabandh Sanchalak shall get the election conducted within three months. An application for impleadment was filed by Sri Anil Kumar Sharma with an affidavit who claimed himself a life member of the Society of the Institution. It was pleaded that the petitioner bed obtained an interim order from the court without impleading the necessary parties in the writ petition and was illegally occupying the office of the committee of management. Thus, a prayer was made that the said applicant be impleaded as opposite party to the writ petition. Counter and rejoinder affidavits have been filed on behalf of opposite parties originally impleaded as party in the writ petition. Thus, a prayer was made that the said applicant be impleaded as opposite party to the writ petition. Counter and rejoinder affidavits have been filed on behalf of opposite parties originally impleaded as party in the writ petition. An application has been filed on behalf of the petitioners dated 2-8-93 praying to dispose of the application and the Writ petition no. 14962 of 1990 be dismissed as infructuous. In the affidavit accompanying the application for declaring the petition as infructuous, the petitioner stated that the last election of the committee of management had taken place on 27-7-86 and thereafter the election was held on 25.-3-90 The committee of management remained in effective control and was working and managing the affairs of the institution. The next election of the committee of management was also held within three years from 25-3-90 in accordance with the scheme of administration who are now actually managing the affairs of the committee of management. It was also said that the D.I.OS after due scrutiny recognized the newly elected office bearers of the committee of management of 19-3-90. 5. THE important question that has to be examined and considered is as to whether the petitioners of the 1st writ petition were legally competent to hold elections after expiry of three years and one months of the last election according to scheme of administration. THE learned counsel for the respondents and the Standing Counsel pointed out to a decision Jitendra Pal v. Committee of Management, Kanya Kalyan Gurukul Shiksha Sansthan, Uchchattar Madhyamik Vidyalaya, 1950-1991 (3) IEC 33. THE Division Bench of our court held that the term of the committee of management categorically comes to an end on the expiry of three years and one month from the date of provious election, hence the committee of management elected on a later date after three years one month had no power to hold the election after its term had come to an end. Such an election held later was wholly uncalled for and void. 6. ANOTHER decision referred is Committee of Management,Rastriya Inter College, Raya, Mathura v. D.I.O.S. Mathura 1991 Vol. 2 UP EB EC 1327. Ram Kripal Singh v. Committee of Management, Uchchatar Madhyamik Vidhyalaya, Neoharia, 1993 Vol. I UP LB EC 344. The above view was reiterated by the Division Bench again. 6. ANOTHER decision referred is Committee of Management,Rastriya Inter College, Raya, Mathura v. D.I.O.S. Mathura 1991 Vol. 2 UP EB EC 1327. Ram Kripal Singh v. Committee of Management, Uchchatar Madhyamik Vidhyalaya, Neoharia, 1993 Vol. I UP LB EC 344. The above view was reiterated by the Division Bench again. Thus, there is no dispute or doubt about the legal position that the petitioners were not competent to hold the election of the committee of management after expiry of three years and one month from the last approved election of committee of management i. e. 27-7-86. Any other election held thereafter by the petitioners' committee of management shall be of no consequences. A body illegally constituted cannot constitute and elect legal body claiming that it functioned and continued to hold the management for number of years even after the lapse of three years one month period. After considering the facts and legal submissions, I have no hesitation in holding that petitioners have no case for interfernce under Art. 226 of the Constitution. They are usurpers of office illegally. Their writ petition is liable to be dismissed with heavy cost, recoverable from the petitioner no. 2, which I assess Rs. 10,000/- (Rs ten thousand) would be a reasonable amount of cost which may include the cost of the writ petition for the opposite party Sri Anil Kumar Sharma. 7. WRIT petition No. 23927 of 1993 is filed by Sri Anil Kumar Sharma who claimed to be the life member of the society. He claimed a relief by the Ilnd writ petition for issuing a writ of cortiorari quashing the order dated 19-3-93 passed by the D.I.O.S. recognizing the new committee of management of which Sri Brahma Singh was said to be the President and Sri Babu Singh as Manager of the committee of management. This court was pleased to stay the operation of the order impugned in the writ petition by, which the D.I.O.S. had recognized and approved the election of the office bearers from the Opposite parties Brahma Singh and Sri Babu Singh, Counter and rejoinder affidavits have been exchanged. I have already referred to the decision of the Division Bench of our Court. The facts in the present case are not disputed that the last election duly conducted and approved by the D.I.O.S. was of 27-7-86. I have already referred to the decision of the Division Bench of our Court. The facts in the present case are not disputed that the last election duly conducted and approved by the D.I.O.S. was of 27-7-86. Thereafter, admittedly no election had taken place within a period of three years one month according to the scheme of administration. The case of Sri Babu Singh, opposite party no. 2 of the Ilnd writ petition that election could not be held within three years from 27-7-86 for various reasons but the election was actually held on 25-3-91 after information and appointment of .an observer by the D.I.O.S. The election held on 25-3-90 was duly approved and the opposite party Babu Singh and others continued to run and look after the management of the institution even three years period has passed after second election of 25-3-90 and the third election was conducted by the committee of management and election held of on 19-3-93 was duly approved by the D. I O.S. Further reasons and law stated in the earlier part of the judgment clearly settled in the matter that after expiry of three years one month period, the life of the elected committee of management comes to an end. No reason or circumstances can be taken into consideration for extending the said period enabling the outgoing committee of management to hold elections for fresh committee of management. The D.I.O.S. in the second writ petition was wrong In approving the election of the committee of management conducted by the outgoing committee of management consisting. Srj Brahma Singh and Sri Babu Singh. They themselves were not elected were, by the second election, in accordance with law, by a competent body. Thus, their own origin is illegal and void. They could not constitute and elect valid and legal committee of management. The D.I.O S. failed to exercise the jurisdiction vested in him. He committed a manifest error of law in recognising the committee of management consisting of Sri Brahma Singh and Sri Babu Singh as President and Manager in the election conducted in 1993 and erroneously approved their election by order dated 19-3-93. The election of the office bearers of the committee of management said to be elected on 28-2-93 and its approval by the D.I.O.S. by order dated 19-3-93 are liable to be quashed. 8. The election of the office bearers of the committee of management said to be elected on 28-2-93 and its approval by the D.I.O.S. by order dated 19-3-93 are liable to be quashed. 8. IN view of piculiar facts and circumstances of the case, I consider it necessary, that fresh directions shall by issued by this Court for appointing of a Prabandh Sanchalak within two weeks from the date of filing of the certified copy of this order before the D.I.O.S. Muzaffarnagar who shall nominate an associate D.I.O.S. of the district as Prabandh Sanchalak who shall be given charge of the management of the institution forthwith. The Prabandh Sanchalak nominated by the D.I.O.S. IN pursuance of the orders of this Court shall take necessary steps for getting the election of the committee of management held within next two months from the taking over his charge. He shall treat and proceed to conduct the elections on the basis of the voters list and voters or the general body utilised in 1886 election. After elections are held under the supervision of the Prabandh Sanchalak, the D.I.O.S. shall see that the charge of the committee of management of the institution be given to the duly elected office bearers without delay. The petitioner of the second writ petition is entitled to receive cost from the opposite party no. 2 Sri Babu Singh and Sri Brahma Singh, which I assess as Rs. 3.000/- (Rs three thousand only). The second writ petition is allowed. A copy of this judgment be placed on the W.P. No. 23927 of 1993. Anil Kumar Sharma v. D.I O.S. Muzaffarnagar and another.