JUDGMENT : DEBANGSU BASAK, J. 1. By consent of the parties three writ petitions have been taken up together for hearing analogously. They relate to one Homeopathic College. 2. For the sake of convenience, the petitioners in W.P. No. 6760 (W) of 2016 are referred to as the petitioners and the respondents therein are referred to as the respondents in the manner as arranged in such writ petition. 3. Learned Advocate for the petitioners has submitted that, Pratap Chandra Memorial Homeopathic Hospital was established by a private trust. The Deed of Trust constituting the trust provides for the election of the trustees to the Board of Trustees. The Board of Trustees was managing the affairs of such hospital. With the coming into effect of the West Bengal University of Health Sciences Act, 2002 and in accordance therewith a local managing committee for the hospital was created. The trustees continued to remain in the management of the hospital. The hospital is not aided by the Government authorities. In view of Section 50 of the Act of 2002, the President or the Chairman of the management of the affiliated institution is the Chairperson of the local managing committee. Prior to 2014, the Chairman of the Board of Trustees was the Chairperson of the local managing committee. Unfortunately, the Chairman of the Trustees had died in 2014. Consequent to such death the post of Chairperson of the local managing committee fell vacant. The respondent no.7 was requested to act as the Acting Chairman of the local managing committee till the Board of Trustees appoints their Chairman. Subsequently, the Board of Trustees in a meeting held on December 8, 2015, where the respondent no.9 was also present, has elected the petitioner no.2 as their Chairman. He is the Chairperson of the local managing committee in terms of Section 50(1) of the Act of 2002. The respondent no.7 can no longer continue to remain as the Chairperson. However, the respondent no.7 has wrongfully refused to vacate his office. He has submitted that, the respondent no.7 has usurped the powers of the Chairperson of the local managing committee. He has through such usurpation of powers convened meetings. The respondent no.9 has no authority to do so. He had no authority to preside over the meetings of the local managing committee on and from December 8, 2015. He has submitted that, the respondent no.7 has usurped the powers of the Chairperson of the local managing committee. He has through such usurpation of powers convened meetings. The respondent no.9 has no authority to do so. He had no authority to preside over the meetings of the local managing committee on and from December 8, 2015. Consequently, all resolutions of local managing committee subsequent to December 8, 2015 should be declared null and void. In such circumstances, the petitioners seek relief in the two writ petitions. 4. Learned Senior Advocate for respondent no. 7 has challenged the locus standi of the petitioners to file the present petitions. Learned Senior Advocate for the respondent no.7 has submitted that, the second petitioner has not been duly elected by the Board of Trustees. Consequently, the second petitioner cannot be treated as the Chairperson of the local managing committee. He has submitted that, there exists another committee between the Board of Trustees and the local managing committee. The petitioner no.2 has not been elected as the Chairperson of such managing committee for him to be appointed as the Chairperson of the local managing committee. 5. Learned Advocate for the respondent no.9 has submitted that, the Board of Trustees consisted of three members. The second petitioner has not been validly elected as the Chairperson of the Board of Trustees in any meeting. The second petitioner, therefore, cannot be treated as the Chairperson of the local managing committee. He has referred to the prayers made in the writ petition. He has submitted that, the petitioners are not entitled to such relief as the petitioners do not have any locus standi to seek such relief. 6. Referring to the trust, learned Advocate for the respondent no.9 has submitted that, the trust is a society registered under the West Bengal Societies Registration Act, 1961. The accounts of the trust have not been audited from 2002. Relevant returns have not been filed with the Registrar of Co-operative Societies by the trust. Therefore, the trust is a defunct body. The trust being a defunct body, no meeting of such defunct body can take place. Consequently, the election of the petitioner no.2 is illegal and invalid. 7. Referring to the age of retirement of the Principal, learned Advocate for the respondent no. 9 has submitted that, the age of superannuation is 60 years. Therefore, the trust is a defunct body. The trust being a defunct body, no meeting of such defunct body can take place. Consequently, the election of the petitioner no.2 is illegal and invalid. 7. Referring to the age of retirement of the Principal, learned Advocate for the respondent no. 9 has submitted that, the age of superannuation is 60 years. In support of such contentions he has relied upon Homeopathy Central Council Act, 1973 and Section 16 thereof. 8. Learned Advocate for the State has submitted that, the State has nothing to do with the inter se dispute between the private respondents. So far as the age of retirement of a Principal of the Homeopathy College concerned is 60 years. He has relied upon a notification issued by the State in support of such contention. 9. In response to the age of retirement, learned Advocate for the petitioners has submitted that, the contention of the respondent no. 9 and the State is on the basis of a notification which has no application to the present case. The State has issued such notification under the provisions of the West Bengal State Homeopathy Health Services Act, 2002. The Homeopathy College concerned is not governed by the Act of 2002. 10. The first writ petition in point of time is W.P. No. 4550 (W) of 2016. In such writ petition a memo dated February 26, 2016 issued by the college terminating the services of the Principal is under challenge. Such writ petition was disposed of by a judgment and order dated March 18, 2016. An appeal preferred therefrom was disposed of on April 26, 2016 by remanding the writ petition for hearing along with the other two writ petitions. 11. W.P. No. 4550 (W) of 2016 has been filed by the Principal as the petitioner. The retirement age of a Principal of a Homeopathic College not aided by the Government is under consideration in this writ petition. The respondents have relied upon Section 16 of the West Bengal State Homeopathy Health Services Act, 2002 as well as the Service Regulations of the college itself. 12. The retirement age of a Principal of a Homeopathic College not aided by the Government is under consideration in this writ petition. The respondents have relied upon Section 16 of the West Bengal State Homeopathy Health Services Act, 2002 as well as the Service Regulations of the college itself. 12. The provisions of the West Bengal State Homeopathy Health Services Act, 2002 is not attracted for the purpose of determining the age of superannuation of a Principal of an unaided college in view of the fact that, State Homeopathy Health Service has been defined in Section 2(e) thereof to mean the West Bengal Homeopathy Education Service or the West Bengal Homeopathy Health Service as constituted under Section 3 of such Act. Section 16 of the West Bengal State Homeopathy Health Services Act, 2002 prescribes an age limit of 60 years. The Principal of the college concerned does not come within the definition of West Bengal Homeopathy Education Service or the West Bengal Homeopathy Health Service. The notifications relied upon by the respondents have no manner of application so far as a Principal of the college is concerned inasmuch as the Acts under with such notifications have been issued are not attracted to govern the service conditions of the Principal of a college as involved in the present case. 13. The respondent no. 7 was appointed as the Acting Chairperson of the local managing committee on March 25, 2014. The local managing committee is constituted under the provisions of the West Bengal University of Health Sciences Act, 2002. Section 50 of such Act provides as follows:- “50. Local managing or advisory committee of an affiliated college.- (1) there shall be a separate local managing committee for every affiliated college or institution, consisting of the following members :- (a) president or chairman of the management of the affiliated institution – Chairperson; (b) secretary of the management of the affiliated institution or secretary’s nominee; (c) three local members representing different fields of the area nominated by the management; (d) three teachers, elected in the manner as may be prescribed by the teachers of the college or institution; (e) one non-teaching employee, elected in the manner a may be prescribed by the non-teaching employees of the college or institution; (f) Principal – Member-Secretary. (2) For every college or institution managed and maintained by the State Government or local authority, there shall be a local advisory committee which shall consist of the following members:- (i) three persons each one nominated by the Director of Medical Education and Research, West Bengal, the Director of Health Services, West Bengal, and the Director of Ayurveda, West Bengal; (ii) three teachers, elected in the manner as may be prescribed by the teachers of the college or institution; (iii) one non-teaching employee, elected in the manner as may be prescribed by the non-teaching employees of the college or institution; (iv) Principal- Member-Secretary. (3) The local managing committee, or the local advisory committee, as the case may be, shall meet at least twice a year. (4) The term of the office of the members, elected or nominated, shall be five years. (5) The powers and duties of the local managing committee or local advisory committee shall be to- (a) prepare the budget and financial statement of the college or institution; (b) recommend to the management the creation of the teaching and other posts; (c) determine the programme of instruction and internal evaluation and to discuss the progress of studies in the college; (d) make recommendations to the management for the improvement of the standard of teaching in the college or institution; (e) formulate proposals of new expenditure not provided for in the college budget; (f) advise the Principal regarding the intake capacity of various classes, preparation of time-table, distribution of the available teaching work-load and such other matters relating to the internal management of the college and discipline of the college students as may be referred to it by the Principal, from time to time; (g) consider and make recommendations on the inspection report, if any; (h) consider and make recommendations on the report of the local inquiry committee, if any; (i) prepare the annual report on the work done by the committee for the year ending on the thirtieth day of June and submit the same to the management, the executive Council of the University and to the Director concerned’ (j) perform such other duties, and exercise such other powers, as may be entrusted by the management and the University.” 14. In terms of Section 50 the President or Chairman of the management of the affiliated institution is appointed as the Chairperson of the local managing committee. In terms of Section 50 the President or Chairman of the management of the affiliated institution is appointed as the Chairperson of the local managing committee. The management of the affiliated institution is with the Board of Trustees. The Board of Trustees in their meeting held on December 8, 2015 had elected the second petitioner as the Chairman of such Board. Therefore, by virtue of such election as the Chairman, the second petitioner is the Chairperson of the local managing committee of the college in terms of Section 50(1)(a) of the West Bengal University of Health Sciences Act, 2002. With effect from December 8, 2015, therefore, the respondent no.7 cannot claim himself to be either the Acting Chairperson of the local managing committee or the Chairperson of the local managing committee of the college concerned. The respondent no.7 is an influential person. He is a Councillor of a Ward of Kolkata Municipal Corporation. After December 8, 2015 he has refused to give up the post of Acting Chairperson. An elected representative is expected to discharge duties for public good. He is expected to act with greater discretion than exhibited by the respondent no.7 in relation to the affairs of the college. The respondent no.7 has exhibited an unwarranted affinity to a post which such action does not behoove the position that he holds. Section 50 of the West Bengal University of Health Sciences Act, 2002 does not contemplate an Acting Chairperson. It is clear as to who the Chairperson of the local managing committee of an affiliated college should be. The respondent no. 7 does not come within the definition of the President or Chairman of the management of the affiliated college by any stretch of the imagination. The respondent no. 7 is not one of the trustees of the Board of Trustees managing the college. The respondent no. 7 ought to have vacated his post as Acting Chairperson from December 8, 2015. He has not done so. He has continued to act as the Acting Chairperson after December 8, 2015. He has presided over meetings of the local managing committee claiming himself to be the Acting Chairperson subsequent to December 8, 2015. The respondent no. 7 ought to have vacated his post as Acting Chairperson from December 8, 2015. He has not done so. He has continued to act as the Acting Chairperson after December 8, 2015. He has presided over meetings of the local managing committee claiming himself to be the Acting Chairperson subsequent to December 8, 2015. By reason of his position and considering that he is a person of considerable influence, the fact that he had presided over meetings of the local managing committee subsequent to December 8, 2015 vitiates all and every decision taken by the local managing committee subsequent to December 8, 2015. Consequently, all decisions taken by the local managing committee on and from December 8, 2015 till date are set aside. The second petitioner will act as the Chairperson of the local managing committee. The respondent no. 7 will not interfere in any manner whatsoever in the functioning of the second petitioner as the Chairperson of the local managing committee of the college. 15. The memo dated February 26, 2016 assailed in W.P. No. 4550 (W) of 2016 has been issued subsequent to December 8, 2015 and, thereafter, the same is set aside. It is open to the local managing committee to be chaired by the second petitioner to decide the fate of the Principal of the college in accordance with law. 16. With the aforesaid observations and directions W.P. No. 6760 (W) of 2016, W.P. No. 9626 (W) of 2016 and W.P. No. 4550 (W) of 2016 are disposed of. No order as to costs. 17. Urgent certified website copy of this order, if applied for, be given to the parties on priority basis.