JUDGMENT : Arun Tandon, J. Heard counsel for the parties. 2. Rahmania Girls Inter College, Chandpur, P.O. Chandpur, District Bijnor is a minority institution recognized under the provisions of the Intermediate Education Act. The said institution is run and managed in accordance with the approved scheme of administration. Last undisputed elections of the Committee of Management took place on 25th May, 2000. In the said elections Sri Aslam Parvez was elected as Manger. The term of the elected Committee of Management has been provided as three years under the scheme of administration. Facts 3. On behalf of the petitioner it is contended that vide notification dated 30th May, 2003 fresh elections were notified to be held on 30th June, 2003. However, respondent No. 5 and 6 namely Sri Aslam Parvez and Mohd. Arif Sheikh raised objection in respect of the electoral college prepared for the elections. They contended that they are validly enrolled members and have been illegally restrained from participating in the said elections. On the representation made by the respondent nos. 5 and 6, the District Inspector of Schools passed an order dated 24th June, 2003, whereby he directed that the elections shall take place on the schedule date i.e. 30th June, 2003 and Sri Mohd. Arif Shekh and six other, who claim to have been enrolled as valid members, shall be permitted to participate in the elections. The vote cast by them shall be kept in a separate box and the result of the elections shall not be declared without leave of the District Inspector of Schools. 4. Simultaneously, the aforesaid Mohd. Arif Shekh along with 5 others filed Civil Misc. Writ Petition No. 25543 of 2003 before this court for the similar relief i.e. that the entire election program be quashed as the aforesaid six persons were not being permitted to participate in the elections, although they are validly enrolled as member of the general body. 4. Simultaneously, the aforesaid Mohd. Arif Shekh along with 5 others filed Civil Misc. Writ Petition No. 25543 of 2003 before this court for the similar relief i.e. that the entire election program be quashed as the aforesaid six persons were not being permitted to participate in the elections, although they are validly enrolled as member of the general body. The Hon'ble High Court disposed of the said writ petition by means of judgment and order dated 8th July, 2003 with the observation that the legality or otherwise of the elections, which are schedule to take place on 30th June, 2003, shall be examined by the Regional Level Committee constituted under the Government Order dated 19th December, 2000 with further direction that the Regional Level Committee, while considering the approval of the elections dated 30th June, 2003, shall also take into consideration the representation, which was permitted to be made by the petitioners of the aforesaid writ petition, namely Sri Arif Shekh and others. The Hon'ble High Court required the Regional Level Committee to pass a reasoned speaking order strictly in accordance with law. 5. The Regional Level Committee after affording opportunity of hearing to the parties concerned, by means of order dated 29th September, 2003 upheld the legality of the elections which have taken place on 30th June, 2003 and directed that the said elections be recognized. It is was also provided that the dispute in respect of the membership of the aforesaid 7 persons shall be decided in a meeting of the general body to be held, in the presence of the District Inspector of Schools. In respect of the allegations that certain office bearers being related to each other, it was provided that the District Inspector of Schools may examine the said aspect and submit his report before the Regional Level Committee. 6. In pursuance of the aforesaid order of the Regional Level Committee, the signatures of the elected Manager of the election dated 30th June, 2003 namely Sanat Ullah were attested and the Committee of Management with Sri Sanat Ullah as Manager was put in effective control of the institution. 6. In pursuance of the aforesaid order of the Regional Level Committee, the signatures of the elected Manager of the election dated 30th June, 2003 namely Sanat Ullah were attested and the Committee of Management with Sri Sanat Ullah as Manager was put in effective control of the institution. However, on 3rd January, 2004, the Regional Joint Director of Education, Moradabad Division, Moradabad passed an order to the effect that the Regional Level Committee, in its meeting held on 18th December, 2003, has taken a decision that the approval granted to the elections dated 30th June, 2003 be withdrawn in view of the fact, that certain members of the general body are related to each other and directed that fresh elections of the Committee of Management may be held in accordance with the scheme of administration. 7. As a consequence to the order dated 3rd January, 2004, the District Inspector of Schools directed that fresh elections of the Committee of Management may be held by the Committee of Management, which was elected in the year, 2000 with Sri Aslam Parvez as Manager. 8. The Committee of Management through its Manager, elected on 30th June, 2003, has filed this petition against the order dated 3rd January, 2004 communicated by the Regional Joint Director of Education as per the decision of the Regional Level Committee and the order passed by the District Inspector of Schools dated 3rd January, 2004. 9. On behalf of the petitioner it is contended that the order dated 3rd January, 2004 including the decision taken by the Regional Level Committee are in violation of the principles of natural justice inasmuch as no opportunity was afforded to the petitioners. Even otherwise it is contended that there is no restrain on of election being contested by two related members. The scheme of administration only prohibits that two members should not be related to each other. Counsel for the petitioner submits that out of six elected members, who were related to each other, for constituting the Committee of Management in accordance with the scheme of administration, three of them resigned and one of the relative member has been removed from the office. In such circumstances, there is no defect in the constitution of the Committee of Management. Even otherwise the Regional Level Committee was not justified in setting aside the entire elections. In such circumstances, there is no defect in the constitution of the Committee of Management. Even otherwise the Regional Level Committee was not justified in setting aside the entire elections. Petitioner submits that at best the elections can be held for 3 posts, which have fallen vacant. It is, therefore, submitted that the order passed by the Regional Level Committee as well as by the District Inspector of Schools withdrawing of the recognition of the elections dated 30th June, 2003 and directing holding of fresh elections are legally not sustainable. 10. On behalf of the respondent it is contended that entire elections held are vitiated inasmuch as seven valid members of the general body, who had earlier filed Civil Misc. Writ Petition No. 24453 of 2003, have been illegally restrained from contesting the elections and further the procedure prescribed under the scheme of administration has not been followed. Therefore, the order dated 1st March, 2004 passed on the basis of the decision taken by the Regional Level Committee and that passed by the District Inspector of Schools, do not call for any interference under Article 226 of the Constitution of India. 11. I have heard the counsel for the parties and have gone through the records of the writ petition. 12. In the opinion of the Court the reason assigned in the order passed by the Regional Level Committee, as communicated under order of the District Inspector of Schools dated 1st March, 2004 for the purposes of withdrawing the recognition granted to the elections dated 30th June, 2003, cannot be legally sustained. 13. The provision of the scheme of administration, which provides that two members of the Committee of Management shall not be related to each other, read as follows: ^^5- izcU/k lfefr ds dksbZ Hkh lnL; ,d nwljs ds lEcU/kh ds ugha gksaxsA lEcU/kh 'kCn dk vFkZ ogh gksxk tks fd fofu;e&fofueksa ds v/;k; 3] fofu;e 4 rFkk ,DV dh f}rh; vuqlwph esa fn;k x;k gS A** 14. From the aforesaid clause 5 of the scheme of administration, it is apparently clear that only restriction placed is that no two member of the Committee of Management should be related to each other. From the aforesaid clause 5 of the scheme of administration, it is apparently clear that only restriction placed is that no two member of the Committee of Management should be related to each other. Under the scheme of administration there is no prohibition for two related members to contest the election inasmuch as if two related members contest the same election for different posts, the result can be; (a) both loss the elections (b) one of them may be defeated and other elected. (c) Both of them may be elected. 15. So far as the case covered by (a) and (b) are concerned, there is no difficulty and the question of two members related to each other being member of the same Committee of Management cannot arise. So far as the condition No. (c) is concerned, suffice it to point out that it is always open to an elected office bearer to resign subsequent to the election and therefore the provisions of Clause 5 of the scheme of administration, referred to above, would not be violated in any manner inasmuch as after resignation of one of the elected member, there shall be no two members related to each other in the same Committee of Management. 16. In such circumstances merely because more than two relative members had been elected in the election held on 30th June, 2003, the election cannot be said to be vitiated. However, one of the elected related members must necessarily resign before constitution of the Committee of Management and the vacancy so caused may be filled in accordance with the provisions of the scheme of administration. The order passed by the Regional Level Committee withdrawing the recognition granted to the Committee of Management vide order dated 29.9.2003 cannot be said to be legal. It is not necessary for the court to consider the contention of the respondent with regards to the illegality pointed out in respect of the elections which were recognized under order dated 29th September, 2003 inasmuch as the same is subject matter of consideration in Writ Petition No. 50862 of 2003, which has been nominated under orders of The Hon'ble The Chief Justice to be heard by a different Bench. 17. 17. In view of the fact that the order dated 3rd January, 2004 passed by the Regional Level Committee has been held to be illegal by this Court, as aforesaid, the consequential order passed by the District Inspector of Schools of the same date directing the respondent No. 5, (earlier Committee of Management) to hold fresh elections, also cannot be permitted to stand and is also rendered illegal. 18. In view of the aforesaid, the order dated 3rd January, 2004 passed by the Regional Joint Director of Education and dated 3rd January, 2004 passed by the District Inspector of Schools are hereby quashed. Writ petition is allowed. No order as to cost.