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IN THE HIGH COURT OF ALLAHABAD
O. P. GARG
COMMITTEE OF MANAGEMENT, JANTA INTER COLLEGE, AZAMGARH - Appellant
Versus
REGIONAL DEPUTY DIRECTOR OF EDUCATION - Respondents
C. M. W. P. 21044 Of 1997
Decided On : 02/01/1999
ELECTION - U. P. Intermediate Education Act, 1921 - Section 16-CC, 16-CCC - Scheme of Administration - Amendment - Term of Committee of Management - Recognition of Committee of Management - Validity of Elections - Jurisdiction of DIOS - Reference to RDDE.
Fact of the Case:
The petitioners, who were the outgoing committee of management of a recognized and aided educational institution, challenged the order of the District Inspector of Schools (DIOS) recognizing a newly elected committee of management. The petitioners contended that the DIOS had no authority to recognize the newly elected committee as their term had not expired and that the elections held by the newly elected committee were illegal. The respondents, on the other hand, contended that the term of the outgoing committee had expired and that the elections held by them were in accordance with the amended Scheme of Administration.
Finding of the Court:
The Court held that the amended Scheme of Administration came into force and that the term of the outgoing committee had expired. It also held that the DIOS had the authority to recognize the newly elected committee of management and that the elections held by them were valid. The Court further held that the validity of the elections could not be challenged in a writ petition and that the petitioners should have filed a civil suit if they were aggrieved by the recognition of the newly elected committee.
Issues: 1. Whether the amended Scheme of Administration came into force. 2. Whether the term of the outgoing committee had expired. 3. Whether the DIOS had the authority to recognize the newly elected committee of management. 4. Whether the elections held by the newly elected committee were valid. 5. Whether the validity of the elections could be challenged in a writ petition.
Ratio Decidendi: 1. The Court held that the amended Scheme of Administration came into force on the basis of the following factors: a) The DIOS had issued a letter to all the Managers and Principals of Higher Secondary/Intermediate Schools in the district directing them to constitute the committee of management in accordance with the amended Scheme of Administration. b) The then Manager of the institution had accepted the amended Scheme of Administration and had assured that the elections would be held according to the amended Scheme in the future. 2. The Court held that the term of the outgoing committee had expired on the basis of the following factors: a) The amended Scheme of Administration provided that the term of the committee of management would be three years and that the office bearers would continue for an additional period of one month. b) The outgoing committee had been elected on 29-5-1994 and their term had expired on 29-5-1997. 3. The Court held that the DIOS had the authority to recognize the newly elected committee of management on the basis of the following factors: a) The DIOS was duty bound to recognize the committee of management and to attest the signatures of the Manager after making an administrative enquiry. b) The DIOS had to collaborate with the various committees of management for administrative purposes in order to perform his various statutory duties. 4. The Court held that the elections held by the newly elected committee were valid on the basis of the following factors: a) The elections were held in accordance with the amended Scheme of Administration. b) The elections were held by a person who was authorized by the general body of the institution. 5. The Court held that the validity of the elections could not be challenged in a writ petition on the basis of the following factors: a) The validity of the election had to be decided by the civil Courts. b) Interference by invoking the extra-ordinary jurisdiction under Article 226 of the Constitution of India was wholly unwarranted.
Final Decision: The Court dismissed both the writ petitions filed by the petitioners.
( 1 ) THESE are two identical connected writ petitions by which the order dated 19-6-1997 passed by the District Inspector of Schools (for short dios), Azamgarh has been challenged. The difference in the two writ petitions is that over and above the relief claimed in Civil Misc. Writ No. 21044 of 1997, an additional prayer for appointing the Authorised Controller to manage the affairs of the institution during the pendency of the writ petition has been made in the subsequent writ petition No. 26286 of 1997. Since the controversy involved in the two writ petitions requires scrutiny of the validity or otherwise of the same order and the pleadings of the parties are almost identical, it is proposed to decide these two writ petitions together by this common judgment. Reference to various annexures is with regard to the documents filed in Civil Misc. Writ No. 21044 of 1997.
( 2 ) THERE is a registered society known as Janta Shiksha Parishad under the aegis of which a recognised and aided educational institution, namely, Janta Inter College which is governed by the provisions of U. P. Intermediate Education Act, 1921 is run at Bagar Gosai, Haraiya, in district Azamgarh. Administration of the institution is run and managed by a committee of management which is constituted under the duly approved Scheme of Administration. It is an admitted fact that the last elections to constitute a new committee of management were held on 29-5-1994 in which Shiv Shankar Singh and Amresh Chandra Pandey - Petitioner No. 2 were elected respectively as the President and Manager. The Committee of Management of which Amresh Chandra Pandey was the manager, was duly recognised on 15-7-1994 on which date his signatures were attested. The term of the committee of management is three years.
( 3 ) THE case of the petitioners is that till the elections are held to constitute the new committee of management in accordance with the Scheme of Administration, the outgoing committee is to continue and that the term of three years is to be reckoned with effect from 15-7-1994 on which date the erstwhile committee came into being. With a view to constitute a new committee of management, a meeting was called on 10-5-1997 in which it was resolved that the elections be heldduring the period 20th to 30/06/1997. Subsequently, it was resolved that the elections be held on 22-6-1997 and on 25-5-1997, the DIOS was informed of the said fact by Annexure 6 to the writ petition. A list, Annexure 7 to the writ petition, of 79 members, who were entitled to vote was also sent to the DIOS, Sri Krishna Kumar Singh, Advocate was appointed as Election Officer and an agenda notice, Annexure 9, was circulated on 30-5-1997 which provided that nomination shall be filed on 20-6-1997 and that the date of polling after withdrawal of nominations by the specified date shall take place, if necessary, on 22-6-1997. A copy of the agenda item was also sent to the DIOS on 29-5-1997. It was also published in dainik Dev Bratta, a local daily, on 31-5-1997. On the same day, a communication was sent to the DIOS, Annexure 12, to nominate an observer for the elections to be held on 22-6-1997. This letter was received in the office of the DIOS on 2-6-1997. The Regional Deputy Director of Education (for short rdde) was also informed about the convention of the general body for the purpose of election letter dated 31-5-1997, Annexure 13 to the writ petition. It appears that there was a move afoot to hold parallel elections by one Jagdish Dubey on the basis of the list of 215 members of the general body. The petitioners, apprehensive as they were, informed the RDDE Azamgarh by addressing him letter dated 3-6-1997, and prayed that the DIOS be required to prevent the alleged elections which are to take place on 4th/ 5/06/1997. Smt. Sarita Yadav, RDDE Azamgarh brought the above facts to the notice of the DIOS by addressing him a letter dated 4-6-1997, Annexure 15, and directed him to ensure that the el
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