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2008 DIGILAW 409 (ALL)

VINOD CHAUDHARY v. STATE OF UTTAR PRADESH

2008-02-22

RAKESH TIWARI

body2008
JUDGMENT Hon’ble Rakesh Tiwari, J.—Heard learned Counsel for the parties. 2. The petitioner is aggrieved by inaction of the District Inspector of Schools on his representation made to the District Inspector of Schools which according to him has remained undecided. The petitioner is also aggrieved by the fact that the Manager of the Institution had not proceeded for holding election of the Committee of Management though the term of the Committee of Management has expired in April 2008. 3. The relief sought by the petitioner is for issuance of a writ in the nature of mandamus commanding the respondents to hold the fresh election of Committee of Management of Sri Sanatan Dharm Inter College, Etawah by issuing election schedule according to approved bye-laws and scheme of Administration, as the term of present Committee of Management is going complete on 13.2.2008. A further writ of mandamus has been sought for restraining the respondent No. 5, manager to alienate the property of the institution and also seize the financial power till the newly elected committee or constituted. 4. Learned Counsel for the petitioner has placed reliance an annexure No. 8, which is a letter dated 6.2.2008 issued by the District Inspector of Schools wherein he has taken note of the fact that a complaint has been received that respondent No. 5 is alienating the property and has informed him not to indulge in any such activity. The petitioner has also placed clause 7 and 10 of the bye-laws emphasizing that clause 7 of the bye-laws provides that in special circumstances the election can be held at any time. He also submits that more than four members of the Committee of Management have resigned and as such according to the provisions of clause 10 of the bye-laws, the election is to be held by the General Body for electing the members of the committee of Management. 5. It is apparent from the record that the District Inspector of Schools has taken note of the complaint made by the petitioner wherein it is stated that respondent No. 5 is cons pirating for giving land of the institution on lease and rent other persons. 6. Admittedly nowhere his averment and allegation has been made by the petitioner that respondent No. 5 has in fact alienated any property of the institution. 6. Admittedly nowhere his averment and allegation has been made by the petitioner that respondent No. 5 has in fact alienated any property of the institution. A mere bald allegation that respondent No. 5 is trying to alienate the property cannot be taken as a basis without any supporting material and record. Therefore it is of no consequence. 7. It is true that the property of the institution cannot be alienated by the Manager or any other person. In fact if the petitioner is aggrieved by any such proposed action of respondent No. 5, he has remedy by filing suit for injunction against the respondent No. 5. 8. As regards his complaint dated 13.2.2008, which is appended as annexure No. 9 to the writ petition, suffice is to say that the term of Committee of Management would come to an end on 13.4.2008. Regard may also had to the fact that five of the members have already resigned. Therefore the election is to be held in accordance with law as the term of Committee of management is coming to an end, election has to be held in either of the aforesaid circumstances (i) on the coming of term of the Committee of Management or (ii) on the resignation of the five members. 9. If the elections are not conducted according to the provision and Scheme of Administration, which provides that term of Committee of management would be of three years with a restriction condition that if the elections are not held before the expiry of term, the office bearers will remain in office till their successors are elected. Therefore, in my opinion, the election has to be held within a period of three years and the present elected members of Committee of Management cannot remain in office beyond the aforesaid period provided under Section 6 and 7 of the Scheme of Administration elections are held before the expiry of the term however in the event the elections are not held within time then in that event election of Committee of Management of the member would become time barred. The D.I.O.S. in that event has to immediately proceed for holding of election by appointing authorized controller. 10. As the Court has decided this writ petition, representation of the petitioner needs not order. 11. The writ petition is accordingly disposed of. ————