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2006 Supreme(All) 3414
IN THE HIGH COURT OF ALLAHABAD
S.N. SRIVASTAVA, J.
Executive Committee, Sarvodaya Shiksha Samiti - Appellant
Versus
State of Uttar Pradesh - Respondent
Decided On : 27-11-2006
The main legal point established in the judgment is the authority to appoint an Authorized Controller and hold fresh elections in case the term of the Committee of Management expires, as per the provisions of the Scheme of Administration and Bye-laws.
Headnote:
Authorized Controller - Committee of Management - U.P. Intermediate Education Act, U.P. High School and Intermediate (Payment of Salary to Teachers and other Employees) Act - [U.P. Intermediate Education Act, U.P. High School and Intermediate (Payment of Salary to Teachers and other Employees) Act, Scheme of Administration, Bye-laws] - The court discussed the appointment of an Authorized Controller in case the term of the Committee of Management expires, the provisions under the Scheme of Administration and Bye-laws, and the authority to hold fresh elections. The judgment highlighted the applicability of the judgment of the Full Bench of the Court and the interpretation of the relevant provisions in appointing an Authorized Controller.
Fact of the Case:
The writ petition challenged the appointment of Prabandh Sanchalak to hold an election of the Committee of Management after the term had expired. The court considered the arguments regarding the Scheme of Administration, Bye-laws, and the authority to appoint an Authorized Controller.
Finding of the Court:
The court found that the appointment of the Authorized Controller was justified as the term of the Committee of Management had expired, and no fresh election had taken place. It directed the Authorized Controller to hold fresh elections in accordance with the Scheme of Administration and Bye-laws.
Issues: The issues revolved around the validity of the appointment of Prabandh Sanchalak, the authority to hold fresh elections, and the continuation of office bearers until fresh elections take place.
Ratio Decidendi: The court held that the appointment of the Authorized Controller was justified in the absence of fresh elections after the expiration of the Committee of Management's term. It also emphasized the authority of the Authorized Controller to hold fresh elections in accordance with the Scheme of Administration and Bye-laws.
Final Decision: The writ petition was finally disposed of with the direction for the Authorized Controller to hold fresh elections and for the office bearers to continue managing day-to-day affairs but not to discharge any function of the Committee of Management.
S.N. Srivastava, J.
This writ petition is directed against the order dated 4.11.2006, passed by the Joint Director of Education, Gorakhpur Region, Gorakhpur appointing Prabandh Sanchalak to hold election of the Committee of Management on the ground that three years term has already expired and no election of Committee of Management has taken place.
2. Heard learned Counsel for the parties.
3. Learned Counsel for the petitioners urged that according to Scheme of Administration, the office bearers elected under the Bye-laws of the Society will be the office bearers of the Committee of Management also. He further urged that according to Bye-laws of the Society, the term of the Committee of Management is three years and it may be extended for three months after expiry of three years term in case fresh election is not held after three years, but the office bearers will continue till fresh election takes place. It was also urged that under the provisions of the Bye-laws of the Society there is a provision of appointing authorized controller, but no authorized controller could be appointed in the facts of the present case as ingredients required for appointing authorized controller are not attracted. Lastly, it was urged by the learned Counsel for the petitioners that the impugned order is liable to be quashed.
4. In reply to the same, learned Counsel for the caveator while relying upon a Five Judges Full Judgment reported in Committee of Management, Pt. Jawahar Lal Nehru Inter College, Bansgaon, District Gorakhpur and Anr. v. Deputy Director of Education, Gorakhpur Region, Gorakhpur and Ors., urged that if term of petitioners' Committee of Management has expired and petitioners' Committee of Management is not in existence, the impugned order was rightly passed appointing authorized controller, who is competent to hold election. Petitioner No. 2 is not entitled to work as Manager of the Committee of Management after expiry of term of three years and three months.
5. Carefully considered arguments of learned Counsel for the parties and also carefully gone through the materials on record.
6. From materials on record, it transpires that election of the Committee of Management has taken place 11.6.2000 in which a Committee of Management was elected for the term of three years. Assistant Registrar, Societies and Chits, Gorakhpur Division, Gorakhpur vide his order dated 20.12.2001 held aforesaid election invalid against which Writ Petition No. 742 of 2002 was filed. During pendency of which fresh election has taken place on 3.3.2002. This Court by a judgment dated 6.6.2003 passed in Writ Petition No. 742 of 2002 finally decided that the election dated 11.6.2000 was rightly held and Committee of Management elected pursuant to that election is entitled to continue and to hold fresh election in accordance with the bye-laws since the term of the committee of management with going to expire on 11.9.2003. It transpires from the record that the committee of management has sent letters to the District Inspector of Schools, Gorakhpur to appoint Observer to hold fresh elections, but the District Inspector of Schools did not appoint any Observer to hold fresh election of the Committee of Management on the ground that three years term of the Committee of Management has already expired and the Special Appeal is pending in which an order to maintain status quo has been passed. It appears from the record that no election has taken place though the term of the Committee of Management was only upto 11.9.2003. It further appears from the record that another Writ Petition No. 51806 of 2006, Narendra Dev Rai v. State of U.P. and Ors. was also filed in which this Court by an order dated 26.9.2006 permitted petitioner of that writ petition to file a fresh application for appointing Prabandh Sanchalak and the Regional Director of Education was directed to pass appropriate order on such application within two weeks from the date of application. Joint Director
