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IN THE HIGH COURT OF ALLAHABAD
SALIL KUMAR RAI, J.
Suresh Pal Singh And Others – Appellants
Versus
State Of U.P. And Others – Respondents
Writ C No.24648 of 2021
Decided on : 02-09-2022
Election - Committee of Management - U.P. Intermediate Education Act, 1921, Section 16-A(7), Section 16CC - The judgment discusses the recognition of elections of the Committee of Management of an educational institution and the irregularities in the election process. It highlights the legal provisions under the U.P. Intermediate Education Act, 1921 and the principles of natural justice. The court found that the order recognizing the election did not consider the objections raised and lacked reasoning, thus quashing the order and remitting the matter back for fresh consideration.
Fact of the Case:
The petition challenges the recognition of the election of the Committee of Management of an educational institution and highlights irregularities in the election process, including issues with the election schedule, ballot papers, and identity verification of voters. The Regional Level Committee recognized the elections, leading to the filing of the petition.
Finding of the Court:
The court found that the order recognizing the election did not consider the objections raised by the petitioners and lacked reasoning. It also emphasized the need for fair and reasonable decision-making, adherence to principles of natural justice, and objective considerations in such matters.
Issues: The issues revolved around the validity of the election process, including the delegation of powers to the Election Officer, irregularities in the election proceedings, and the lack of consideration of objections by the Regional Level Committee.
Ratio Decidendi: The court held that the Regional Level Committee's order lacked reasoning, failed to consider the objections raised, and did not adhere to the principles of natural justice. It emphasized the need for fair and reasonable decision-making and objective considerations in such matters.
Final Decision: The court quashed the order recognizing the election and remitted the matter back to the Regional Level Committee for fresh consideration within a specified period.
JUDGMENT :
1. The present petition has been filed challenging the order dated 4.8.2021 passed by the Regional Level Committee, Saharanpur Region, Saharanpur and also for a direction quashing the election dated 14.6.2021 of the Committee of Management of Jai Kisan Shakumbhri Devi Inter College, Fatehpur Kalan, District-Saharanpur (hereinafter referred to as, ‘Institution’). Through order dated 4.8.2021, the Regional Level Committee has recognized the elections of the Committee of Managemnt held on 14.6.2021 electing one Gajendra Singh Chauhan as Manager of the Committee of Management of the Institution.
2. The facts relevant for decision of the present petition is that Jai Kisan Shakumbhri Devi Vidyalaya Sadharan Sabha, Fatehpur Kalan, Saharanpur (hereinafter referred to as, ‘Society’) is a Society registered under the Societies Registration Act and runs the Institution which is governed by U.P. Intermediate Education Act, 1921 (hereinafter referred to as, ‘Act, 1921’). The Scheme of Administration of the Institution provides that the members of the Committee of Management and its office bearers shall be elected by members of the General Body of the Society. Clause 5(6) of the Scheme of Administration provides that the election programme to elect the Committee of Management of Society and its office bearers shall be decided by the Committee of Management for which the meeting of the Committee of Management shall be requisitioned by the Manager after approval of the Chairman of the Society. Clause 5(6) further provides that the aforesaid meeting shall be called three months before the date when the term of the previously elected Committee of Management expires and notice of the said meeting shall be sent to the members by registered post, if the total number of members of the Society is 100, and by publication in a local newspaper as well as by Post (UPC) if the total number of members of the Society is more than 100. Clause 5(6) further provides that the said meeting shall be for the purposes of publishing the list of members of the Society, appointment of Election Officer, date, time and place of Election, Nomination etc. which shall be published in a newspaper.
3. It has been stated in the petition that at present there are 327 valid members of the General Body of the Society and the previous election of the Committee of Management of the Institution was held on 24.6.2018. The term of the previous Committee of Management was to expire on 23.6.2021 and, therefore, the Committee of Management of the Institution vide its resolution dated 20.3.2021 decided to hold fresh elections and finalized the list of members of the General Body. It has been further stated that in the aforesaid meeting a panel of three persons to be appointed as Election Officer was prepared and the District Inspector of Schools (hereinafter referred to as, ‘D.I.O.S.’) was asked to appoint an Observer for the election. The D.I.O.S. vide his order dated 31.3.2021 approved the list of 327 members of the General Body and also appointed the Election Officer as well as Observer for the elections. It has been stated in the writ petition that initially the election programme was published in two newspapers namely ‘Janvani’ and ‘Punjab Kesari’ notifying 13.6.2021 as the date for election. The election programme was subsequently changed by the Election Officer and 14.6.2021 was notified as the date for election. Fresh notification was published in the Hindi Daily Newspaper Amar Ujala dated 3.6.2021. It has been further stated in the writ petition that the amended election programme was not sent to the members of the General Body by post and the amended election programme was not published in any newspaper having vide circulation because of which many members of the General Body who are residents of District-Ghaziabad, NOIDA, Haryana and Uttrakhand did not have notice of the revised election programme and, therefore, could not participate in the election. The petitioners
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