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HIGH COURT OF ALLAHABAD
R.H.Zaidi
COMMITTEE OF MANAGEMENT JAWAHSR LAL KRISHAK INTER COLLEGE DEORIA AND ANOTHER
Versus
DY DIRECTOR OF EDUCATION GORAKHPUR
Decided On : 31 January 1995
Civil Misc. W. P. No. 20620 of 1995, Connected with C. M. W. P. No. 26747 of 1995
ELECTION OF COMMITTEE OF MANAGEMENT - U. P. INTERMEDIATE EDUCATION ACT, 1921 - SECTION 16-A(7) - VALIDITY OF ELECTION - JURISDICTION OF DEPUTY DIRECTOR OF EDUCATION - SCOPE - HELD, DEPUTY DIRECTOR OF EDUCATION CAN EXAMINE VALIDITY OF ELECTION IF QUESTION ARISES INCIDENTALLY - VALIDITY OF ELECTION DEPENDENT ON VALIDITY AND GENUINENESS OF MEMBERS - DEPUTY DIRECTOR OF EDUCATION TO DECIDE QUESTION OF VALIDITY OF MEMBERSHIP BEFORE RECORDING FINDING ON VALIDITY OF ELECTION - DECISION SUBJECT TO DECISION OF COURT OF COMPETENT JURISDICTION.
Fact of the Case:
Rival Committees of Management of an educational institution held elections for office bearers and members. The District Inspector of Schools referred the dispute to the Regional Deputy Director of Education, who held both elections invalid and directed the authorized controller to hold a fresh election. The petitioners challenged the validity of the Deputy Director's order.
Finding of the Court:
The court held that the Deputy Director of Education had jurisdiction to examine the validity of the election if the question arose incidentally. The validity of the election was dependent on the validity and genuineness of the members, and the Deputy Director was under an obligation to decide the question of validity of membership before recording any finding on the validity of the election. The decision of the Deputy Director was subject to the decision of a court of competent jurisdiction.
Issues: 1. Whether the Deputy Director of Education had jurisdiction to examine the validity of the election. 2. Whether the Deputy Director erred in holding that only 80 members, as claimed by one of the parties, were valid members of the general body.
Ratio Decidendi: 1. The court held that the Deputy Director of Education had jurisdiction to examine the validity of the election if the question arose incidentally. This was in line with the trend of authority at the time, although there were conflicting views on the scope of the Deputy Director's power under Section 16-A(7) of the Act. 2. The court held that the Deputy Director did not err in holding that only 80 members were valid members of the general body. The validity of the election was dependent on the validity and genuineness of the members, and the Deputy Director was under an obligation to decide the question of validity of membership before recording any finding on the validity of the election.
Final Decision: The court dismissed both petitions, holding that the Deputy Director of Education had not committed any mistake in deciding the validity of the election and the validity of the membership. The court directed the authorized controller to expedite the election and hold it in accordance with the provisions of the Scheme of Administration within one month from the date of communication of the order.
Validity of the order passed by the Regional Deputy Director of Education, VII Region, in exercise of his power under Section 16-A (7) of the U. P. Intermediate Education Act (hereinafter referred to as the Act), has been challenged by the petitioners in the present petitions, filed under Article 226 of the Constitution of India. The Regional Deputy Director of Education, by means of impugned order dated 13- 7-1995 held that both the elections set up by the rival Committees of Management were invalid and
refused to approve any one of them. After recording the said findings he directed the authorised controller to continue and to hold the election of the office bearers and members of Committee of Management of the educational institution known as Pt. Jawahar bal Krishak Inter College, Mahuabari, Lar Road, District Deoria (hereinafter referred to as the College ).
2. The brief fact of the case giving rise to the aforesaid petitions are that, Shri Ram Nagina Singh, who has been impleaded as respondent No. 3 in the first petition and petitioner No. 2 in the second petition, claimed that election of office bearers and members of Committee of Management of the College was held on 27-10-1991 by him, in which he was elected as the manager of the College. Signatures of Shri Ram Nagina Singh were also attested by the District Inspector of Schools, on the basis of said election. The validity of the order of the District Inspector of Schools attesting the signatures of Shri Ram Nagina Singh was challenged by the petitioners in this Court in Civil Misc. Writ Petition No. 900 of 1992. The said writ petition is still pending disposal. In the meanwhile, the term of the Committee of Management, as prescribed under the Scheme of Administration of the College, came to an end. Shri Ram Nagina Singh, therefore, again notified the programme of the election of office bearers and members of the Committee of Management. The petitioners filed original suit No. 1758 of 1994 for permanent injunction restraining the defendants from holding the. election. The Civil Court, vide its order dated 19- 11-1994 directed the defendants to permit the plaintiff, defendant second set, to participate in the said election, if they were the members of the general body of the College. The District Inspector of Schools thereafter, directed for postponement of aforesaid election, which was scheduled to be held on 20-11- 1994. Respon dent No. 3, however, claimed that the election of office bearers and members of the Committee of Management was held by him on 26-11-1994 in accord ance with the provisions of Scheme of Administration. On the other hand, the petitioners have claimed that the election was held by them on 20-11-1994. Papers relating to aforesaid elections were submitted by the rival claimants before the District Inspector of Schools soliciting his approval of the said elections. The District Inspector of Schools, in view of the fact that there was dispute between two rival Committees of Manage ment, referred the same to the Regional Deputy Director of Education, in accordance with the provisions of Section 16-A (7) of the Act on 29-12-1994. The Deputy Director of Education on receipt of papers from the office of the District Inspector of Schools made interim arrangement for the Manage ment of the affairs of the College and appointed the authorised controller by his order dated 21-1-1995. Shri Ram Nagina Singh challenged the validity of the order dated 21-1-1995 in this Court by filing writ petition No. 5067 of 1995. This Court, however, was pleaded to dismiss the said writ petition and to direct the District Inspector of Schools to decide the dispute in accordance with law. Parties thereafter, appear to have filed their representations before the Deputy Director of Education. The Deputy Director of Education after affording an opportunity of hearing both the parties was pleased to hold that the elections of Committee of Management set up by the pa
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