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2004 DIGILAW 176 (ALL)

Committee of Management, Rajasthan Inter College, Mirzapur v. State of U. P.

2004-01-29

VINEET SARAN

body2004
JUDGMENT Vineet Saran, J.—These are two writ petitions relating to the dispute with regard to the Committee of Management of Rajasthan Inter College, Mirzapur. Writ Petition No. 2673 of 2004 has been filed by the Committee of Management of the said college with Sri Prafulla Kumar Singhania as Manager with the following prayers : “(a) to issue a writ, order or direction in the nature of mandamus directing the respondents not to interfere in the election process which is scheduled to be held on 1st February, 2004 ; (b) issue a writ, order or direction in the nature of mandamus directing the respondents not to interfere in the functioning of petitioner No. 2 as Manager to the Institution, namely, Rajasthan Inter College, Mirzapur. (c) issue a writ, order or direction of a suitable nature which this Hon’ble Court may deem just, fit and proper in the circumstances of the case to meet the ends of justice between the parties ; (d) award the cost of the instant writ petition to the petitioner.” 2. (c) issue a writ, order or direction of a suitable nature which this Hon’ble Court may deem just, fit and proper in the circumstances of the case to meet the ends of justice between the parties ; (d) award the cost of the instant writ petition to the petitioner.” 2. Writ Petition No. 3231 of 2004 has been filed by the Committee of Management of the College through its President Sri Om Prakash Singhania and also Sri Neeraj Newatia as Manager with the following prayers : “(a) issue a writ, order or direction in the nature of mandamus directing the respondent to not create any obstruction/ disturbance in the peaceful holding of the election of the Committee of Management of Rajasthan Inter College, Mirzapur as per schedule according to which the election is fixed to be held ; (b) issue a writ, order or direction in the nature of mandamus restraining the District Inspector of Schools, Mirzapur from providing undue and unnecessary favour of respondent No. 4 by misusing his post and position in any manner ; (c) to issue a writ, order or direction in the nature of mandamus restraining the District Inspector of Schools, Mirzapur from providing any kind of facility in any manner to respondent No. 4 to show any forged election which is shown to be held on 1.2.2004 to restrain the respondent No. 4 from holding any election in the name of Committee of Management, Rajasthan Inter College, Mirzapur by showing himself to be manager of the Committee of Management, Rajasthan Inter College, Mirzapur ; (d) to issue such other and further orders which this Hon’ble Court may deem fit and proper under the facts and circumstances of the case ; (e) to award the cost of petition in favour of the petitioners.” 3. Since both the writ petitions relate to the same cause of action, they have been heard together and are being disposed of by a common judgment. 4. The brief facts relevant for the decision of these writ petitions are that the last election of the Committee of Management were held on 30.1.1999. After completion of five years, the term of the said Committee of Management is to expire on 30.1.2004. Admittedly the petitioner No. 2 of Writ Petition No. 2673 of 2004, namely, Prafulla Kumar Singhania was the Manager of the Committee of Management elected in the elections held on 30.1.1999. After completion of five years, the term of the said Committee of Management is to expire on 30.1.2004. Admittedly the petitioner No. 2 of Writ Petition No. 2673 of 2004, namely, Prafulla Kumar Singhania was the Manager of the Committee of Management elected in the elections held on 30.1.1999. The said election of Prafulla Kumar Singhania was recognised and his signatures as Manager of the Committee of Management had been attested by the District Inspector of Schools, Mirzapur vide its order dated 8.2.1999. 5. According to the petitioners of Writ Petition No. 3231 of 2004 about 73 members, who have allegedly not been properly inducted as Members of the General Body, have now been shown to be enrolled as members who, according to them, would not be entitled to vote. They further claim that in a meeting of the Committee of Management held on 30.12.2003 under the Presidentship of Om Prakash Singhania, the petitioner No. 2 of Writ Petition No. 2673 of 2004, namely, Prafulla Kumar Singhania had been removed from the office of Manager of the Committee of Management and the petitioner No. 2 of Writ Petition No. 3231 of 2004, namely, Neeraj Newatia was elected as Acting Manager of the Committee of Management, of which due intimation was sent by the President Om Prakash Singhania to the District Inspector of Schools, Mirzapur on 1.1.2004. However, it is accepted by both the parties that the signatures of said Neeraj Newatia have yet not been attested by the respondent-authorities as Manager of the Institution nor has any such alleged meeting or elections held on 30.12.2003 been recognised by any authority. It has been submitted by Sri Sunil Kumar, learned counsel appearing for the petitioners in Writ Petition No. 3231 of 2004 that on 17.1.2004, the Joint Director of Education had written to the District Inspector of Schools, Mirzapur to attest the signatures of Sri Neeraj Newatia as Acting Manager of the Committee of Management without giving him any financial power and the said authority also directed that the elections of the Committee of Management be got conducted by the District Inspector of Schools under its supervision. However, thereafter the District Inspector of Schools, vide its order dated 24.1.2004, has directed for single operation of the accounts of the institution as because of the dispute in the Committee of Management, the pay bills of teachers and staff of the institution for December, 2003 had not been sent. 6. According to the petitioners of Writ Petition No. 2673 of 2004 the election process and finalisation of list of members had begun in July, 2003 and they had intimated the respondent-authorities of the election programme in November, 2003. According to them the election is to be held on 1.2.2004 for which Finance and Accounts Officer in the office of District Inspector of Schools, Mirzapur has also been appointed as an observer vide order dated 28.1.2004 passed by the District Inspector of Schools. However, the petitioners of Writ Petition No. 3231 of 2004 dispute the holding of election on 1.2.2004 and contend that in a meeting held on 21.1.2004 under the Presidentship of Sri Om Prakash Singhania it had been resolved that the elections of the Committee of Management be held on 29.2.2004. 7. I have heard Sri Anil Bhushan, learned counsel appearing for the petitioners in Writ Petition No. 2673 of 2004 as well as Sri Sunil Kumar, learned counsel appearing for the petitioners in Writ Petition No. 3231 of 2004 and also the learned standing counsel appearing for the State-respondents and have perused the record. 8. Petitioner No 1 in Writ Petition No. 3231 of 2004 has been arrayed as respondent No. 4 in the other writ petition and the petitioner No. 2 in Writ Petition No. 2673 of 2004 has been arrayed as respondent No. 4 in the other writ petition. Hence all the parties are represented and have been heard and with the consent of learned counsel for the parties, these petitions are being decided at the admission stage. 9. In the backdrop of the facts as narrated above it is clear that there is a dispute with regard to the election of the Committee of Management of the institution which is to be held. Both the parties accept that the term of the last elected Committee of Management is to expire on 30.1.2004 and the elections have to be held within one month of the expiry of the said date. Both the parties accept that the term of the last elected Committee of Management is to expire on 30.1.2004 and the elections have to be held within one month of the expiry of the said date. It is also not disputed that the elections held on 30.1.1999 had been duly recognised by the respondent-authorities and the signatures of the Manager elected in the said elections, i.e., Prafulla Kumar Singhania had been duly attested. The dispute raised by the group which is said to have elected Neeraj Newatia as Acting Manager of the institution on 30.12.2003 is that about 73 members have been wrongly enrolled which is against the scheme of administration of the institution. 10. Be that as it may, since the election programme has already been announced, and as per the same, the elections are to be held on 1.2.2004 and the District Inspector of Schools has already appointed an observer for such election, in my view no interference is called for at this stage. It is admitted to the parties, including the learned standing counsel, that according to the Government order dated 19.12.2000, any dispute with regard to the election of the Committee of Management, as well as regarding recognition of the committee which is elected, has to be referred to and decided by the Regional Committee headed by the Joint Director of Education of the region. In view of the aforesaid Government order it is provided that in case if either of the parties are aggrieved by the election scheduled to be held under the supervision of the observer appointed by the District Inspector of Schools, they may raise objection before the Regional Committee which shall give opportunity to both the parties before granting recognition to the election or deciding any dispute between the rival contenders. The dispute with regard to the holding of alleged elections, which is proposed by the petitioners of Writ Petition No. 3231 of 2004 on 29.2.2004 shall also be considered by the Regional Committee. 11. Subject to the aforesaid observations, both the writ petition are dismissed. No order as to cost.