JUDGMENT S.B. Sinha, J. 1. This appeal is directed against a judgment and order dated 14.6.99 passed by a learned Single Judge of this court in W.P No. 12091 (W) of 1999 whereby and whereunder the writ application filed by the appellant herein was disposed of directing :- "Under such circumstances, such aspect cannot be given a go-bye only on the basis of the rule 26 of the Procedure for Holding Election. However, the existing Managing Committee will look after the day to day business but will not be able to take policy decision till the finalisation of the issue by the Board. For the purpose of disbursing any salary in the meantime, no account will be operated without countersigned by the concerned Dist. Inspector of Schools on the strength of the order. The Board is directed to' consider the representation finally and pass the necessary order positively within a period of four weeks from the date of communication of this order upon giving an opportunity of being heard to the petitioner and by passing a reasoned order thereon. The concerned Dist. Inspector of Schools is directed to co-operate with the newly elected Managing Committee by attesting the signature of the concerned person of the Managing Committee in handling and operating the accounts of the concerned school. For the purpose of effective adjudication a copy of this writ petition along with all annexures can be treated as representation of the petitioner. As no affidavit-in-opposition has been filed, the allegations contained in this writ petition are not admitted." 2. The only question which arises for consideration in this appeal is as to whether in view of Para 26 of the Procedure for Holding Election, the impugned order can be sustained. A bare perusal of the impugned order clearly goes to show that a Managing Committee has been constituted and even the official nominees have been nominated. In terms of Para 26 of the Procedure for Holding Election the Managing Committee is to discharge all functions engrafted in Rule 28 of Rules for Management of Recognised Non-Government Institutions (Aided and Unaided), 1969 (hereinafter referred to as 'Management Rules'). 3. It is one thing to say that election of a Managing Committee has not been validly held and it is another thing to say that Managing Committee so elected is entitled to perform its duties or not. 3. It is one thing to say that election of a Managing Committee has not been validly held and it is another thing to say that Managing Committee so elected is entitled to perform its duties or not. A Managing Committee elected in terms of the said Rules will be deemed to have been validly elected unless the appropriate authority holds otherwise on application filed in terms of Paragraph 34 thereof. 4. Rule 26 has been added in the Rules by way of abundant caution. Once a Managing Committee comes into existence, the control over the affairs of the school must be undertaken by it. The West Bengal Board of Secondary Education Act and the Rules framed thereunder in no uncertain terms postulate as to under what circumstances and in what situation obtaining, if any, Administrator or an Ad-hoc committee or a Drawing or Disbursing Officer can be appointed. Save and expect unless a ground exists therefor even the West Bengal Board of Secondary Education cannot appoint an Administrator or an ad-hoc Committee. Only because some election dispute is pending, the same by itself may not be sufficient reason for appointment of a Drawing and Disbursing Officer unless it is alleged that the Managing Committee had not been discharging its functions in accordance with law. 5. No order of restraint, in our considered view, can be passed on the functioning of the Managing Committee unless there exists cogent reasons therefor. 6. The Managing Committee is a creature of statute. Powers of the Managing Committee, as indicated hereinbefore, are subject to such condition or conditions as has been laid down in Rule 28 of the Management Rules. 7. From the order passed by the learned trial Judge, we do not find that any cogent reason has been assigned for restricting the hands of the Managing Committee. Only because some representations have been made before the Board, the same by itself, in our opinion, would not be a good ground for restricting the power of the Managing Committee. Such restrictions in the event any exigency therefor arises may be imposed by the Board or the appropriate committee in exercise of their statutory power. 8. The appeal is treated on the day's list and as the impugned order cannot be sustained which is accordingly set aside. Both the appeal and the application are allowed but without any order as to costs. 8. The appeal is treated on the day's list and as the impugned order cannot be sustained which is accordingly set aside. Both the appeal and the application are allowed but without any order as to costs. M.H.S. Ansari, J.: I agree