JUDGMENT Arun Tandon, J.—Heard Sri Ajay Kumar Sharma, learned counsel for the petitioners, Sri A.I. Naqvi, learned counsel for the respondent No. 3 and learned standing counsel for the respondent Nos. 1 and 2. 2. Committee of Management of B. S. Inter College Sona, Arjunpur, Saharanpur through its Manager has filed this writ petition against the order passed by the Regional Level Committee dated 23rd January, 2004, whereby it has disapproved the elections of the Committee of Management, which have taken place on 12th August, 2002. 3. On behalf of the petitioner, it is contended that the aforesaid order of Regional Level Committee is based on misconception of fact and is unsustainable in the eyes of law inasmuch as the only reason assigned for disapproving the elections of the Committee of Management, is that the President and Vice President elected in the elections, which took place on 12th August, 2002, are real brothers. 4. It is submitted that although two members of the Committee of Management cannot be related to each other in accordance with the scheme of administration of Clause 5 (8), and in view of Section 16CC, read with IIIrd schedule attached to the Intermediate Education Act, it may be. 5. However, since one of the elected office bearers, i.e., the Vice President has resigned and is no more a member of Committee of Management as of date, there are no members related to each other in the Committee of Management. 6. It is further submitted that even assuming, without admitting, that the election of the Vice President, who was real brother of the President was contrary to the scheme of the administration, it cannot be said that the entire elections of the Committee of Management are illegal. 7. On behalf of respondent No. 3, it is contended that because of the illegality in elections two persons related to each other as office bearers in the elections held on 12th August, 2002, the entire elections are vitiated and the authorities were justified in refusing to recognise the elections set up by the petitioners. It is further submitted that the present writ petition is premature inasmuch as in the earlier writ petition filed by the petitioner being Civil Misc. It is further submitted that the present writ petition is premature inasmuch as in the earlier writ petition filed by the petitioner being Civil Misc. Writ Petition No. 48905 of 2002 against the order dated 18th October, 2002, passed by the District Inspector of Schools refusing to recognise the elections dated 12th August, 2002, this Court while granting an interim order in favour of the petitioner had directed as follows in the operative portion : “In the meantime operation of the order dated 18th October, 2002, shall remain stayed. It will, however, be open to the District Inspector of Schools to obtain report from the Committee of Management to dispute in question as contemplated by the Government order dated 19th December, 2000 and thereafter take decision in accordance with law.” 8. In view of the said order of this Court it has been submitted on behalf of the respondents that the District Inspector of Schools was justified to take action in obtaining the report from the Regional Level Committee and therefore, there is no occasion for the petitioner to file the present writ petition. 9. I have heard learned counsel for the parties and have gone through the records. The contention raised on behalf of the petitioners has force. 10. The elections of the various members of the Committee of Management take place in accordance with the scheme of administration as applicable to the institution. Each election of the office bearers as well as of the members of the Committee of Management is a separate election, for convenience only the papers pertaining to the elections of all the office bearers and members of the Committee of Management are sent collectively for the purpose of approval to the Regional Level Committee. It cannot be said that the elections of the office bearers as well as the members of the Committee of Management are one and if there is an illegality or infirmity in the elections of two related members the same would not have the effect of vitiating the elections of other office bearers/ members. 11. Even otherwise, it may be noticed that the restriction contained in Clause 5 (8) of the scheme of administration of institution and Section 16CC, read with IIIrd Schedule of the Intermediate Education Act is confined to the fact that two office bearers or members of a Committee of Management cannot be related to each other. 11. Even otherwise, it may be noticed that the restriction contained in Clause 5 (8) of the scheme of administration of institution and Section 16CC, read with IIIrd Schedule of the Intermediate Education Act is confined to the fact that two office bearers or members of a Committee of Management cannot be related to each other. None of the provisions mentioned above restrict two persons (related to the prohibited pedigree) from contesting the elections of the Committee of Management simultaneously. Even otherwise, the right to contest the elections has not been affected in any manner under the aforesaid provisions inasmuch as there can be only three results of elections in which two persons related to each other may contest : (a) both may be defeated, (b) one of them may be defeated, (c) both may be elected. 12. Since in first and second category there can be no dispute with regard to compliance of the provisions of Clause 5A of the scheme as well as Section 16CC, read with IIIrd Schedule of the Act. The controversy survives only when both are elected and in such a case it is always open to one of the elected member to resign, not to assume the office for which he has been elected. In such a situation there cannot be any violation of Clause 5A of the scheme of administration and Section 16CC read with IIIrd Schedule of the Intermediate Education Act. 13. In the circumstances since admittedly the Vice-President has tendered his resignation and he is no more a member of Committee of Management, there is no illegality or infirmity in the elections set up by the petitioners. The order passed by the Regional Level Committee dated 23rd January, 2004, which has not taken notice of the said legal position cannot be sustained. In view of the said legal position as well as in view of the resignation submitted by the Vice-President the order passed by the Regional Level Committee on 23rd January, 2004, is hereby quashed. 14. So far as the objection raised by the petitioners with regard to the maintainability of the writ petition is concerned, it may be noticed that the Regional Level Committee comprises of the following members : (a) Regional Joint Director of Education (Chairman), (b) Deputy Director of Education, (c) District Inspector of Schools. 15. 14. So far as the objection raised by the petitioners with regard to the maintainability of the writ petition is concerned, it may be noticed that the Regional Level Committee comprises of the following members : (a) Regional Joint Director of Education (Chairman), (b) Deputy Director of Education, (c) District Inspector of Schools. 15. The same is a superior body to the District Inspector of Schools. Any decision taken by them cannot be overruled by the District Inspector of Schools and District Inspector of Schools has to take consequential action in compliance thereof. In such circumstances, it is not necessary for the petitioner to await the consequential action to be taken by the District Inspector of Schools in pursuance of the order of Regional Level Committee. It cannot be said that the present writ petition is premature inasmuch as the Regional Level Committee has already taken an adverse decision against the petitioners. 16. In view of the aforesaid, the present writ petition is allowed and the impugned order dated 23rd January, 2004, passed by the Regional Level Committee is hereby set aside. The Regional Level Committee is directed to consider the papers submitted by the petitioners for the purposes of approval of the Committee of Management strictly in accordance with law at the earliest possible, preferably within two months from the date a certified copy of this order is produced before it.Q