The right to management of the affairs of an educational Institution is outside the domain of section 145 of the Code of Criminal Procedure.

M.M.Punchhi, J.

1. Heard finally at the motion stage.

2. This is an acrimonious petition between two sets of people contenting themselves to be members of two respective Managing Committees of Khalsa College, Garhdiwala, District Hoshiarpur. The law invoked for the purpose is section 482 Criminal Procedure Code, 1973 read with Article 227 of the Constitution of India for quashing notice dated 28-1-1982 (Annexure p. 3) issued by the S. D. M. Dasuya initiallings proceedings under section 145(1) of the said Code. And as a equal thereto, there is an order under section 146(2) of the Code (Annexure p. 4) appointing Tehsildar, Dasuya as receiver. considering the case to be of emergency, and this too is the subject matter of attack.

3. For the disposal of this petition, the barest minimum facts need be taken note of. At one time,. there was a Managing Committee of the College. A section thereof wanting to hold fresh elections, intimated to the others. 14-9-1981 to be the date for the purpose. The other section attempted to get the measure forestalled by seeking an injunction from the civil Court but unsuccessfully. Some proceedings took place, or ate shown to have taken place, on 14-9-1981 revealing or showing that one set of people had been elected the duly constituted Managing Committee whereas the other set contended and claimed that their members had emerged out as the newly constituted Managing Committee. The unfortunate dispute seemingly affected the academic atmosphere in the College and the State of Punjab, as the pater families of all affairs, intervened and appointed an Administrator to look after the affairs of the College. This was to the extreme distaste and chagrin of some few who approached this court in Civil Writ Petition No. 55 10 of 1981 challenging the said measure of the State Government in appointing the SDM as the Administrator. While the matter was before the Motion Beach, and the matter was being adjourned from time to time, the hatchet was buried by the Assistant Advocate General making a statement that the Government had cancelled the appointment of the Administrator. This put an end to the petition rendering it infructuous on 11-2-1982.

4. A new leaf to the chapter was turned by the police intimating to the S.D.M. on 28-1-1992 that there was a dispute likely to cause breach of peace pertaining to the taking of possession of the College. The report is Annexure p. 1. The S. M. on that very day passed the order, Annexure p. 3 initiating proceedings under section 145(1) of the requiring the parties to attend his Court and particular date. And again on that very day, he passed the order, Annexure P. 4. attaching the College building under section 146(2) of the Code while appointing Tehsildar, Dasuya as the receiver for looking after the affairs of the college.

5. Challenge was made to these orders, and the proceedings by way of this petition by Harbhajan Somj Dhat and others impleading S. D. M. Dasuya and Mahant Sewa Dass the foremost amongst the rival group. as parties. When they came to grips on the subject on-. 12-3-1982 learned counsel foe. the petitioners and the learned counsel for Mahant Sewa Dass entered into a settlement jointly contending that the bone of contention between the respective parties was the proper election of the President and the office bearers of the Managing Committee and if, with the aid and intervention of the Court, such elections could take place, there remain no dispute much less a dispute regarding the possession of property, involving breach of peace, Mr. Mohinderjit Singh Sethi, learned Additional Advocate General, Punjab had also very fairly appreciated the problem and had given out that if there remained no prehension of breach of peace the very basis for further proceedings could stand knocked off, and-as much in view of the likely settlement, he thenceforth receded in comparative back-ground. The effort set foot for getting fresh election held by appointing Mr. R.