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1980 DIGILAW 385 (ALL)

Managing Committee, Swami Vivekanand Higher Secondary School v. District Inspector of Schools

1980-03-28

K.S.VARMA, MAHAVIR SINGH

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JUDGMENT K.S. Varma, J. -In this writ petition the petitioner has challenged the order Annexure-4 whereby the election of the petitioner was set aside by the Deputy Inspector of Schools. The election was set aside on the ground that it was in violation of para 8 (1) of the Scheme of Administration. An extract of the scheme of administration has been filed as Annexure-1 to the writ petition. Para 8 (1) is quoted as follows :- "8 (1) - Sadharan Samiti Ke adhikar Kartabya Aur Kritya (1) Pradesh Samiti Ke Sadasyon Pada-dhikarion Tatha Sadharan Samiti Ke Padadhikarion Ka Chunaw Karna. Chunaw Kul Sadasyon Ke 3/4 Bahu-raat Se Hota". 2. From a perusal of the above para it is obvious that the managing committee has to be elected by a th majority of the total number of members. It has come on record that there are 94 members and at a meeting held on 30th Oct. 1977 only 56 members were present and they elected the present managing committee which is the petitioner in the instant case. 3. The District Inspector of Schools has set aside the election of the petitioner on the ground that it has not been elected by th majority of the total number of members. Calculated in that manner the present petitioner could be elected only if at least 72 members were present in the meeting. 4. It was contended by the learned counsel for the petitioner that para 8 (1) quoted above correctly interpreted that th majority of the persons actually present in the meeting would be determinative of the question as to which committee shall be elected. We have given our anxious consideration to these arguments of the learned counsel for the petitioner but we find unable to accept this interpretation. The words "Kul Sadasyon" in para 8 (1) obviously refer to the total number of the members and not the number of persons actually present in the meeting. In our view for the purpose of election of the managing committee th of the total number of members is required for election. Since the petitioner has been elected by 56 members out of 94 members the election was rightly set aside by the District Inspector of Schools, Rae-Bareilly. In our view for the purpose of election of the managing committee th of the total number of members is required for election. Since the petitioner has been elected by 56 members out of 94 members the election was rightly set aside by the District Inspector of Schools, Rae-Bareilly. We are of the view that the interpretation placed by the opposite party in para 8 (1) does not suffer from any error apparent on the face of the record. The interpretation is correct and we see no reason to interfere in the order passed by the appellate court. 5. The petition accordingly fails and is dismissed, but in the circumstances of the case there will be no order as to costs.