Research › Search › Judgment

Allahabad High Court · body

2010 DIGILAW 2360 (ALL)

COMMITTEE OF MANAGEMENT, DAYA NAND UCHATTAR MADHYAMIK VID. KHEWASIPUR v. STATE OF U. P.

2010-08-05

A.P.SAHI, F.I.REBELLO

body2010
JUDGMENT By the Court.—After hearing the parties, in our opinion, the impugned order does not required interference. However, on account of attending circumstances, we would like to place on record certain facts of the case. 2. There is a controversy going on as to who is the real Committee of Management in respect of the institution namely Daya Nand Uchattar Madhyamik Vidyalaya Thaur Kewasipur, Jaunpur. A writ petition was filed in this Court, in which an interim order was granted on 5.1.2005, by which the order of the Joint Director of Education directing for holding of fresh elections of Committee of Management appointing District Inspector of Schools, Varanasi as Authorized Controller and refusing to recognize the elections of rival factions was stayed. It is not necessary to enquire into as to what has happened in the meantime. The two writ petitions giving rise to this appeal were finally heard on 22.4.2010 and judgment was reserved. However, before the delivery of the judgment of the learned Single Judge dated 12.7.2010, it appears that the Authorized Controller on 5th July, 2010 proceeded to hold elections, which has been recognized on 12th July, 2010 by the District Inspector of Schools who was appointed as Authorized Controller. 3. In respect of this election, learned counsel for the appellants has placed four envelopes before us. Two envelopes were opened by the learned counsel himself which contain blank papers and the other two envelopes were opened by this Court and the same also contain blank papers. In other words, the contention of learned counsel appearing on behalf of the appellants is that some of the members, who are supporting the appellants, did receive them and as there was no information at all, therefore, they could not participate in the elections which has been held on 5.7.2010. 4. In our opinion this election is liable to be set aside on two grounds. Firstly, when there was a stay order of learned Single Judge dated 5.1.2005, the question for holding elections by the Authorized Controller could not have arisen. Secondly, the elections were held so hurriedly that the voters belonging to one group were not sent any information except blanked papers only. Considering the above, it would be appropriate for the District Inspector of Schools to hold the elections afresh within a reasonable time. Secondly, the elections were held so hurriedly that the voters belonging to one group were not sent any information except blanked papers only. Considering the above, it would be appropriate for the District Inspector of Schools to hold the elections afresh within a reasonable time. Accordingly, the alleged election dated 5.7.2010 as recognized by the District Inspector of Schools is set aside. The District Inspector of Schools, Jaunpur shall act as Authorized Controller and proceed to hold elections afresh within three months upon finalization of the electoral college entitled to participate in the election. He shall continue to discharge his duties for the said purpose and manage the institution till elections are recognized. 5. The act of the Authorized Controller, the Basic Education Officer as also the Joint Director of Education requires to be looked into. This Court cannot permit Govt. officers holding public posts to act in the manner in which they have acted. In the light of that, we direct the Secretary, Education (Secondary), Government of U.P. Lucknow or any senior officer to be appointed by him, to conduct an enquiry into the action of the Basic Education Officer, Jaunpur as also the Joint Director of Education of the concerned region and to submit a report in a sealed envelope within a period of 8 weeks’ from today. The copy of this order be provided to learned Standing Counsel for necessary action. The Registrar General of this High Court is directed to place the matter on the administrative side. 6. The four envelopes placed before us are taken on record. They will be made available for further action. With the above observation, appeal is disposed of. ————