JUDGMENT Arun Tandon, J.—Heard Sri S. D. Shukla, learned counsel for the petitioners, Sri Y. K. Saxena, learned counsel for the respondent No. 5 and learned standing counsel for the State-respondents. 2. Committee of Management of Janta Inter College, Navner, through its alleged Manager, Sri Bhujbeer Singh has filed this writ petition against the order passed by the Regional Joint Director of Education, Agra Region, Agra, 23rd January, 2004 whereby he has directed that the term of the Committee of Management has since expired and as such fresh elections are required to be held in accordance with the approved scheme of administration. For the said purpose the Regional Joint Director of Education under the impugned order has directed the District Inspector of Schools to issue orders to the recognized President of the valid society to hold fresh elections of the Committee of Management in accordance with the approved scheme of administration within three months. 3. Petitioner is aggrieved by a part of the order of Regional Joint Director of Education, whereby it is directed that the District Inspector of Schools shall issue orders to the recognized President of the valid society to hold fresh elections. There is no quarrel with regard to the directions issued by the District Inspector of Schools that the fresh elections are required to be taken place in accordance with the scheme of administration. 4. It is contended on behalf of the petitioner that the finding recorded by the Regional Joint Director of Education in the impugned order to the effect that under order of this Court dated 21st January, 1997 passed in Writ Petition No. 2676 of 1997 read with the order dated 28th August, 2003 and that passed in Writ Petition No. 37510 of 2003, Committee of Management and another v. State of U. P. and others, the appointment of the Prabandh Sanchalak in the institution cannot be accepted, is factually incorrect and is based on misreading of order passed by this Court, the orders passed by this Court referred to above are enclosed as Annexures-7 and 14 to the writ petition. 5. 5. It is further submitted that in any view of the matter once the term of the Committee of Management has expired and under the provisions of scheme of administration there being no provision for continuance of the Committee of Management or of the office bearers, till successors are elected, fresh elections in such circumstances, are necessarily to be held under the supervision of an independent authority and the directions that the fresh elections may be held by the President of the recognized society is totally uncalled for and runs contrary to the provisions of scheme of administration. 6. It is contended by Sri Y. K. Saxena, advocate on behalf of the respondent that this Court on 27th January, 1997 had stayed the order passed by the District Inspector of Schools dated 8th January, 1997 whereby a Prabandh Sanchalak was appointed in the institution. Since the said interim order is still in operation. There is no question of Prabandh Sanchalak being appointed in the institution and therefore, the Regional Joint Director of Education had rightly directed that the fresh elections may be held by the President of the society. A dispute with regard to the name of the parent society and its registration has also been raised by the respondents, in support of contention that the petitioner is not even a member of the society, which is registered under the Societies Registration Act and as such writ petition at the behest of petitioner is not maintainable. 7. I have heard learned counsel for the parties and have gone through the records of the writ petition. 8. It is not in dispute that elections of the Committee of Management were held in the year 1993. The controversy with regard to the legality or otherwise of the aforesaid elections was subject-matter of adjudication before the Deputy Director of Education under Section 16A (7) of Intermediate Education Act. Deputy Director of Education by means of the order dated 26th September, 1994 held that the fresh elections of the Committee of Management of which Sri Devendra Singh was the Manager were legally valid and in accordance with the scheme of administration, and his signatures were attested as Manager. The aforesaid order of the Deputy Director of Education was challenged by means of the Civil Misc. The aforesaid order of the Deputy Director of Education was challenged by means of the Civil Misc. Writ Petition No. 34834 of 1994, Committee of Management, Janta Inter College, Navner, Mainpuri through its Manager v. Deputy Director of Education, Agra Region Agra and others, the said writ petition was dismissed by this Court vide judgment and order dated 8th February, 1995 with a liberty to the parties to challenge the impugned order by means of the civil suit. Accordingly a suit being Original Suit No. 954 of 1996 was filed, which is said to be pending. In the meantime vide order dated 6th/8th January, 1997 passed by the Joint Director of Education, it was provided that fresh elections may be held by the Prabandh Sanchalak from amongst valid members of the general body within three months as the term of earlier Committee of Management has expired. 9. In compliance of the aforesaid order dated 6th/8th January, 1997 the District Inspector of Schools has been appointed as Prabandh Sanchalak. The said order was challenged by means of the Civil Misc. Writ Petition No. 2676 of 1997 by the Committee of Management headed by Sri Devendra Singh Chauhan as Manager. This Court while entertaining the said writ petition stayed the impugned order dated 8th January, 1997 with specific conditions that in the meantime the District Inspector of Schools shall operate the accounts of the Committee of Management singly. It is not in dispute that under interim order by this Court operation of the accounts of the Committee of Management of the institution are being managed by the District Inspector of Schools. 10. During this period efforts were made by the Committee of Management headed by Sri Devendra Singh Chauhan to hold fresh elections. The said effort of the Committee of Management was subjected to challenge by means of the Original Suit No. 1003 of 1996. However, the District Inspector of Schools himself by means of the order dated 21st December, 1996 restrained the outgoing Committee of Management from holding fresh elections. The said order dated 21st December, 1996 has not been challenged by any of the parties and has been permitted to become final. 11. However, the District Inspector of Schools himself by means of the order dated 21st December, 1996 restrained the outgoing Committee of Management from holding fresh elections. The said order dated 21st December, 1996 has not been challenged by any of the parties and has been permitted to become final. 11. Another suit being Original Suit No. 231 of 2001 was filed by Sri Lalloo Singh Chauhan alleged Manager along with the present petitioner wherein vide order dated 5th March, 2003 an injunction was granted by the court below in favour of the plaintiffs restraining the Committee of Management headed by Sri Devendra Singh Chauhan as Manager from interfering in the working of the plaintiffs except in accordance with law. 12. It is stated that the Suit No. 231 of 2001 has been dismissed by the lower court in default against which a restoration application has been filed which is said to be pending. 13. It is, thus, admitted position that no fresh elections have taken place even after expiry of the term of the Committee of Management which is four years under clause 7 of the scheme of administration, a copy whereof has been enclosed as Annexure-4 to the rejoinder-affidavit. For ready of clause 7 read as follows : “Sadasyon ka karyakal.—Paden Sadasyon sey bhinn Samiti key sadasyon ka karyakal unkey chuney janey key dinank sey char sal ka hoga. Nai Prabandh Samiti ka chunao uskey karyakal ki sampati key ek mah key bhiter hi samapann kara liya jayega. Nai Samiti ek mah key andar karyabhar grahan kar legi, kintu visesh paristhithiyon meyn mandaliye Shiksha up-nideshak ko ukt avadhi meyn avasyaktanusar bridhi karney ka adhikar hoga.” 14. There is provision in scheme of administration providing for office bearers of the Committee of Management to continue even after the expiry of the term of four years. 15. Admittedly no fresh elections have taken place after the expiry of the term of Committee of Management elected in the year 1993 and the fresh elections of the Committee of Management of institution are due to be held from amongst valid members of the general body under the provisions of scheme of administration. 16. 15. Admittedly no fresh elections have taken place after the expiry of the term of Committee of Management elected in the year 1993 and the fresh elections of the Committee of Management of institution are due to be held from amongst valid members of the general body under the provisions of scheme of administration. 16. The only question which remains for adjudication is as to whether in the facts and circumstances of the case Regional Joint Director of Education was justified in requiring the Director Inspector of Schools to issue orders to the President of the Society to hold fresh elections of the Committee of Management. 17. This Court in the judgment in Committee of Management of Hindu Inter College, Koshi Kala and others v. Deputy Director of Education, Agra Region, Agra and others, 1988 (1) UPLBEC 732, has specifically held that the provisions of Societies Registration Act and the provisions of the Intermediate Education Act are not overlapping, they operate in separate fields. 18. The elections for constituting the Committee of Management of recognized Inter College are necessarily to take place in accordance with the scheme of administration from amongst members of general body as constituted under the provisions of scheme of administration alone. Any member of the society or any office bearer of the society, does not automatically become entitled to hold the elections of the Committee of Management. 19. In the opinion of the Court, it is necessary that the elections should be held from amongst valid members of the general body with reference to approved scheme of administration only and the question as to whether particular member of general body referred to above under the approved scheme of the administration is valid member of the general body of the society or not, is totally irrelevant for the said issue. The elections should necessarily be held under the control and supervision of independent authority so as to inspire confidence. 20. In the circumstances there is no justification for requiring the President of the society to hold fresh elections of the Committee of Management. Even if there is an interim order passed by this Court dated 21st January, 1997 staying the appointment of Prabandh Sanchalak in the institution as it is still open to the District Inspector of Schools to get fresh elections of the Committee of Management held by appointing an independent election officer. Even if there is an interim order passed by this Court dated 21st January, 1997 staying the appointment of Prabandh Sanchalak in the institution as it is still open to the District Inspector of Schools to get fresh elections of the Committee of Management held by appointing an independent election officer. The powers of the Committee of Management need not be conferred upon the said election. 21. In the facts and circumstances of the case, since the parties have been litigating and as a result whereof fresh elections have not taken for last more than 7 years, it is directed that for holding fresh elections of the Committee of Management by an independent election officer to be appointed by the Regional Joint Director of Education from amongst officers of the Education Department preferably within one month from the date a certified copy of this order is produced before him be held. It is needless to point out that the Election Officer so appointed by the Joint Director of Education shall publish the tentative list of voters and shall invite objections thereto. He shall decide the objections, if any, and publish the final voter list. The fresh elections of the Committee of Management shall take place from the members so approved strictly in accordance with the scheme of administration. 22. In view of the aforesaid the order of Joint Director of Education dated 23rd January, 2004 in so far as it directs the District Inspector of Schools to authorize the President of the society to hold fresh elections cannot be sustained and is hereby set aside. 23. The writ petition is, accordingly allowed subject to the observations made herein above.