2010 Supreme(All) 1490
[2010(6) ADJ 595]
ALLAHABAD HIGH COURT
BEFORE : S.P. MEHROTRA, J.
COMMITTEE OF MANAGEMENT, VAIDIK INTER COLLEGE AND ANOTHER ….Petitoners
Versus
STATE OF U.P. AND OTHERS ….Respondents
(Civil Misc. Writ Petition No. 21299 of 2009, decided on 28th April, 2010)
Counsel :
Ashok Khare, Shobit Dubey for the Petitioner; Vinod Sinha, Mahesh Sharma for the Respondents.
Headnote:Election—Committee of Management—Petition against—Maintainability of—Petitioners sought quashing the order dated 5/6.2.2009 issued by Regional Level Committee—Allegedly on 5.11.2007, Prabandh Sanchalak passed an order finalizing a list of 25 persons as Members of General Body entitled to participate in the Election of the Committee of Management—Regional Level Committee passed impugned order dated 5/6.2.2007 approving the said election held on 5.12.2007—Contention of petitioners that impugned order as passed by Regional Level Committee recognizing the election of Committee of Management on the basis of list of 25 members finalized was not valid—An individual member of Committee of Management has no locus standi to file writ petition against decision of Regional Level Committee, whereby approving the election of Committee of Management—Evidently, petitioners have no locus standi to file petition against impugned order dated 5/6.2.2009—Therefore, writ petition liable to be dismissed—Objection against provisional Voter list received till 30.10.2007 considered till 30.10.2007—Election Officer righly proceeded to hold the election—No illegality found in holding the election on 5.12.2007—25 persons rightly accepted as Members of the General Body—Interference with impugned order dated 5/6.2.2009 declined. [Paras 54 to 65]
Result; Petition Dismissed.
Hon’ble S.P. Mehrotra, J.—Counter affidavit on behalf of the respondent No. 6 has been filed. Shri Ashok Khare, learned Senior Counsel assisted by Shri Shobit Dubey, learned counsel for the petitioners states that the petitioners do not propose to file any rejoinder affidavit, and the matter may be heard for final disposal. Accordingly, the matter is being heard for final disposal.
2. The present Writ Petition under Article 226 of the Constitution of India has been filed by the petitioners, inter alia, praying for quashing the order dated 5/6.2.2009 (Annexure-34 to the Writ Petition) issued by the Regional Level Committee - 1st Region, Meerut/ Joint Director of Education- 1st Region, Meerut (respondent No. 2).
3. It is, inter alia, averred in the Writ Petition that Vaidik Inter College, Aurangabad Ahir, District-Bulandshahr (in short “the institution in question”) is a recognized Intermediate College and is governed by the provisions of the U.P. Intermediate Education Act, 1921 and the Regulations framed thereunder.
4. It is, inter alia, further averred in the Writ Petition that the institution in question is not receiving grant-in-aid from the State Government and the provisions of the U.P. Act No. 24 of 1971 are not applicable to the institution in question; and that the institution in question has a duly approved Scheme of Administration framed under the U.P. Intermediate Education Act, 1921; and that the said Scheme of Administration was accorded approval by the Deputy Director of Education, First Region, Meerut by an order dated 24.5.1993;and that under the Scheme of Administration, the General Body is to comprise of several categories of members, and all such categories of members constitute the General Body, which elects seven Members and five Office Bearers of the Committee of Management; and that the Committee of Management is to be elected for a term of three years but in case, a newly elected Committee of Management does not assume charge within an additional period of one month from the date of expiry of three years, then it is open to the Deputy Director of Education to appoint a Prabandh Sanchalak with power to hold a fresh election and to manage the institution in the intervening period; and that Clause-9 of the Scheme of Administration prescribes the procedure for holding the election.
5. The petitioners have, inter alia, further averred in the Writ Petition that the elections of the Committee of Management had been held periodically including the elections dated 12.12.1999, 14.12.2002 and 15.12.2005.
6. As regards the election dated 15.12.2005, it is, inter alia, averred in the Writ Petition that a Committee of Management with Om Veer Yadav as the Manager stood elected and all papers pertaining to such election were submitted before the education authorities; and that on 21.3.2007, the Joint Director of Education - 1st Region, Meerut appointed Bhoori Singh, Associate District Inspector of Schools, Bulandshahr as the Prabandh Sanchalak over the institution; and that the validity of the said order dated 21.3.2007 passed by the Joint Director of Education, Meerut was challenged before this Court by means of Civil Misc. Writ Petition No. 18644 of 2007; and that the said Writ Petition was allowed by the judgment and order dated 10.4.2007, and a direction was issued to the Regional Level Committee to consider the validity of the elections of the year 2005.
7. It further appears that in pursuance of the said judgment and order dated 10.4.2007 passed in Civil Misc.Writ Petition No. 18644 of 2007, the Regional Level Committee passed an order dated 22.8.2007 holding the election of the Committee of Management of the institution in question held on 15.12.2005 as invalid, and directing Bhoori Singh, Associate District Inspector of Schools, Bulandshahr, who had been appointed as the Prabandh Sanchalak, to finalize the list of members of the General Body before holding the election, and get the same certified by the