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2017 Supreme(All) 928

ALLAHABAD HIGH COURT
BEFORE : ARUN TANDON AND RITU RAJ AWASTHI, JJ.
JAGDISH PRASAD SHARMA ....Appellant
Versus
STATE OF U.P. AND OTHERS ....Respondents
(Special Appeal Defective No. 369 of 2017 with Civil Misc. Writ Petition Nos. 14935 of 2017, 51525 and 57846 of 2016, decided on 12th July, 2017)

Advocates:
Counsel :
Satya Prakash Singh, Bajrang Bahadur Singh for the Appellant; C.S.C., Shailendra and Amit Saxena for the Respondents.

Headnote:Election—Committee of Management—Recognised Intermediate College—Validity of—Authority should have to consider that whether elections have been held by Outgoing Committee of Management or by authority duly authorized—And that the elections have been held from amongst valid Members of general body—And that elections have been conducted strictly in accordance with the Scheme of Administration—DIOS instead of examining legality of elections dated 6.11.2010 and declared same as illegal vide order dated 22.1.2016—Aforesaid order set aside—Directed that paper received by DIOS in respect of elections dated 6.11.2016 shall be transmitted to Regional Level Committee to decide legality of—Further directions issued. [Paras 32 to 44]

       Result; Order Accordingly.

JUDGMENT

By the Court.—With the consent of the counsel for the parties records of writ petitions were called for and are being decided alongwith Special Appeals without calling for any further affidavits especifially in view of the order proposed to be passed by us.

2. It is sad to notice that the dispute pertainting to the elections of a Committee of Management of recognized Intermediate College, between 2004 to 2017 has generated 12 Writ Petitions and 6 Special Appeals before this Court.

3. In our opinion, the writ Court must be very cautious in granting interim order in disputes pertaining to Committee of Management attempts should be made to decide the petitions finally, so as to avoid multiple proceedings before this Court.

4. After going through the orders passed by writ Court as shall be recorded hereunder, we reach to only one conclusion that if at appropriate stage the controversy had been settled finally by the writ Court, probably such large number of writ petitions and special appeals could have been avoided. We therefore, request the writ Courts dealing with disputes pertaining to the Committee of Management of recognized Institution to make an attempt to resolve the controversy finally instead of granting interim orders so as to avoid cotinuous litigation between the parties.

5. In case, where it is found by this Court that a particular parties is abusing the process, it must not hesitate in dealing with such litigant and must impose exceptional cost so as to act as a deterrent for filling petition after petition and from complicating the issue time and again.

6. Similarly, we also direct the State Government to issue appropriate directions to the District Inspector Schools who are mainly instrumental in generating uncalled for litigation in repsect of the Committee of Management by passig ex parte order as well as orders, which contain no reason. The DIOS must be asked to read the orders of the High Court carefully and comply with the directions issued in letter and spirit.

7. In case, where it is found that District Inspector of Schools (hereinafter referred as the ‘DIOS’) behaves in an irresponsible manner by passing order without affording opporotunity to the aggrieved party and without taking note of the earlier orders of the writ Court, he must be proceeded with departmentally. This Court cannot be asked to share uncalled for burden generated by the DIOS because of uncalled for orders.

8. The facts and the orders passed relevant for the purposes of this Appeal are as under :

Sunhari Lal Bal Mukun Inter College, Dhanauri Kala, District Gautam Budh Nager (hereinafter referred to as the ‘Institution’) is recognised and aided Intermeidate College. The said Institution is run and managed in accordance with the approved scheme of administration framed under the Intermediate Education Act, 1921. It is not in dispute that the elections of the Committee of Managment of the said Institution are held in accordance with the scheme of administration was duly approvded by the Education authorities. The term of the elected Committee of Management under the scheme of administration has been provided as 3 years with a further grace period of one month during which fresh elections must take place and the newly Committee must take charge otherwise Prabandh Sanchalak is to be appointed for the Institution for getting fresh elections held.

9. Up to the year 2004, there was no dispute with regard to the elections of the Committee of Management of the said Institution at least nothing has been brought on record.

10. Elections of the Committee of Mangement are stated to have been taken place on 16th September, 2004 in which one Neha Sharma was elected as Manager.

11. The elections were subjected to challenge by means of the writ petition No. 32131 of 2005 (1st Writ Petition) by one Jagdish Prasad Sharma. This writ petition remain pending before this Court and was ultimately dismissed as infructuous on 4.8.2009 since in between the







































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