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2004 DIGILAW 1973 (ALL)

Committee of Management, Janta Inter College Sohsa-Mathia (Kushi Nagar) v. Joint Director of Education-VII Gorakhpur Region, Gorakhpur

2004-09-29

ARUN TANDON

body2004
JUDGMENT Arun Tandon, J.—Heard Sri Anil Bhushan on behalf of the petitioner. Learned standing counsel on behalf of respondent Nos. 1 and 2. Sri Krishna Mohan Singh on behalf of newly added respondent No. 3. 2. Committee of Management Janta Inter College Sohsa Mathia (Kushi Nagar) through its alleged Manager Bhagwan Mishra has filed this writ petition against the order of the District Inspector of Schools dated 2nd September, 2002. By means of the said order the District Inspector of Schools has held that in view of the report of the Paryavekshak, elections of the Committee of Management which were scheduled for 30th June, 2002, have not been held from amongst valid members of the general body and further the Paryavekshak had postponed the aforesaid elections. It has further been directed that the petitioners may submit their objections with regards to voter list, which have been forwarded by the President of the Committee of Management so that fresh elections may be held and a Paryavekshak may be appointed for the fresh elections. 3. On behalf of the petitioner it is contended that the aforesaid order of the District Inspector of Schools is wholly without jurisdiction inasmuch as under the Government order dated 19th December, 2000, the power to recognize the elections of the Committee of Management is vested with the Regional Level Committee of which the Regional Joint Director of Education is the Chairman. It is further submitted that the Paryavekshak has no authority of law to decide that the persons who have participated in the elections are not valid member of the general body nor he can postpone or cancel the elections. The Paryavekshak is required to submit his report only in respect of the proceedings of the elections. 4. In these circumstances it is contended that the elections were, in fact, held on 30th June, 2002 and the said elections are valid. Since the relevant papers in respect of the aforesaid elections have not been transmitted by the District Inspector of Schools to the Regional Level Committee, constituted under the Government order dated 19th December, 2002, for recognizing the elections of the Committee of Management, the aforesaid order could not be passed. Since the relevant papers in respect of the aforesaid elections have not been transmitted by the District Inspector of Schools to the Regional Level Committee, constituted under the Government order dated 19th December, 2002, for recognizing the elections of the Committee of Management, the aforesaid order could not be passed. It is further submitted that the District Inspector of Schools cannot direct for holding a fresh election nor he can appoint any Paryavekshak for the said purpose until and unless the elections, which have taken place, are found to be illegal or contrary to the scheme of administration by the Regional Level Committee. 5. On behalf of the respondent it is contended that in view of the report of the Paryavekshak and his order postponing the elections, the question of transmitting the papers by the District Inspector of Schools to the Regional Level Committee does not arise and the District Inspector of Schools is justified in directing that the fresh elections may be held and for that purposes he has asked the petitioners to submit their objections in respect of the voter list submitted by the respondent No. 3. 6. It is further contended by the respondent No. 3 that the President had objected to the participation of certain members in the elections as they had not been properly enrolled and, therefore, the entire elections are sham and no relief can be granted to the petitioners. 7. I have heard the counsel for the parties and have gone through the records of the writ petition. 8. The power to hold elections of the Committee of Management under the scheme of administration is vested with the outgoing Committee of Management and admittedly the outgoing Committee of Management initiated the elections proceedings with the appointed election officer and also requested the District Inspector of Schools to send a Paryavekshak for supervising the proceedings of the elections. Under the provisions of the scheme of administration, the only role assigned to a Paryavekshak is to submit his report in respect of the aforesaid elections and the authority concerned is required to take into consideration the said report while approving or disapproving the said elections. Under the provisions of the scheme of administration, the only role assigned to a Paryavekshak is to submit his report in respect of the aforesaid elections and the authority concerned is required to take into consideration the said report while approving or disapproving the said elections. In respect of the powers so conferred upon the Paryavekshak there is no provision under the scheme of administration or in the regulations framed under the Intermediate Education Act, which authorize the Paryavekshak to decide the validity of the list of the members of the general body, who have participated in the elections nor the Paryavekshak has any authority in law to postpone or cancel the elections. 9. The contention raised by the respondent that the President had objected to the voter list and therefore the elections are sham which are not required to be acted upon, is totally misconceived inasmuch as this Court cannot go into the question as to whether the persons who have participated in the elections are valid member or not. If the President of the Committee of Management has any grievance in respect of participation of certain persons, the remedy open to the President is to file his objection before the Regional Level Committee. If such objections are filed by the President, the Regional Level Committee shall examine the records after affording opportunity of hearing to the parties concerned and shall pass appropriate order deciding the issue as to whether the persons, who have participated in the elections are valid members of the general body or not. 10. In the opinion of the Court, the District Inspector of Schools cannot short circuit the aforesaid proceedings and held that the elections set up by the petitioners are illegal as certain unauthorized persons are said to have participated in the said elections. In view of the aforesaid, the order passed by the District Inspector of Schools is patently illegal and cannot be sustained. The order dated 2nd September, 2002, passed by the District Inspector of Schools is hereby quashed. 11. In the facts and circumstances, it is directed that the District Inspector of Schools shall transmit all the records pertaining to the elections, which had taken place on 30th June, 2002, to the Regional Level Committee, constituted under the Government order dated 19th December, 2000, within one week from the date of receipt of the order passed by this Court. In the facts and circumstances, it is directed that the District Inspector of Schools shall transmit all the records pertaining to the elections, which had taken place on 30th June, 2002, to the Regional Level Committee, constituted under the Government order dated 19th December, 2000, within one week from the date of receipt of the order passed by this Court. On the receipt of the papers by the Regional Joint Director of Education, who is the Chairman of the Regional Level Committee, he shall place the same along with the objections, if any filed by the President of the Committee of Management or any other member of the general body, before the Regional Level Committee. The Regional Level Committee, after examining the records and the objections so filed against the said elections, shall decide the validity of the elections, after affording opportunity of hearing to the parties concerned, by means of reasoned speaking order. 12. The aforesaid exercise may be undertaken by the Regional Level Committee within one month from the date the records are so received from the office of the District Inspector of Schools. 13. For a period of six weeks from today status quo as of date shall be maintained. 14. With the above observations, writ petition is allowed.