Guru Nanak Uchchtar Madhyamik Vidyalaya v. State of U. P.
2016-05-26
UMESH CHANDRA SRIVASTAVA, V.K.SHUKLA
body2016
DigiLaw.ai
JUDGMENT Committee of Management, Guru Nanak Uchchtar Madhyamik Vidyalay, Godhi Bilaspur, District Rampur through its Manager, Sri Ranjeet Singh and others are assailing the validity of the order dated 20.05.2016 passed by learned Single Judge in Writ Petition No.22843/2016 (C/M Guru Nanak Uchchtar Madhyamik Vidyalaya and 4 others vs. State of U.P. and 4 others), wherein learned Single Judge has refused to interfere with the impugned order dated 11.04.2016 passed by Regional Level Committee whereby election of Committee of Management of C/M Guru Nanak Uchchtar Madhyamik Vidyalaya, Godhi Bilaspur, District Rampur has been approved wherein Shri Gurdeep Singh has been shown as Manager of the Committee of Management of the Institution. 2. Record in question reflects that in the district of Rampur, there is a recognized Institution known as Guru Nanak Uchchtar Madhyamik Vidyalay, Godhi Bilaspur recognized under the provisions of U.P. Intermediate Education Act, 1921. Record in question further reflects that elections of the Managing Committee of the Institution were due and then a request has been made to District Inspector of Schools vide a letter dated 31.12.2015 to appoint an Election Officer and Observer for conducting and supervising the election of the Committee of Management. The District Inspector of Schools vide letter dated 06.01.2016 nominated Principal, D.A.V. Inter College, Visharad Nagar, Bilaspur as Election Officer and Sri Jagat Singh, Principal, Rajkiya Inter College, Bilaspur as Observer. The Election Officer notified the election programme in news paper "Amar Ujala" and thereafter elections were held on 17.01.2016 from a list of general body comprising of 39 members. The proceedings of the election were handed over by the Election Officer by covering letter dated 17.01.2016 to the outgoing Manager and thereafter the papers were furnished to District Inspector of Schools for according approval to the said elections. The District Inspector of Schools addressed a letter to the Manager for returning original documents on the pretext that Election Officer has failed to submit relevant documents required from him and direction were also issued to re-initiate proceedings for holding elections as per the provisions of the approved Scheme of Administration.
The District Inspector of Schools addressed a letter to the Manager for returning original documents on the pretext that Election Officer has failed to submit relevant documents required from him and direction were also issued to re-initiate proceedings for holding elections as per the provisions of the approved Scheme of Administration. Thereafter the newly elected Managing Committee, on being apprised of the said action of the District Inspector of Schools, approached the Regional Level Comittee and the Regional Level Committee thereafter, on the basis of evidence available on record, proceed to recognise the elections and same has impelled the petitioners-appellants to be before this Court. 3. From the side of the petitioners-appellants, it has been contended that at no point of time Electoral College has ever been validly determined and the list of general body of the Institution is different from the list of general body of the Society and the list in question has been interpolated as six persons in the list has been added and the name of four other persons have been deleted and as such, this Court should come to the rescue and reprieve of the petitioners-appellant. 4. The submission in question has been countered from the side of the respondents by submitting that there is no disparity in between two lists i.e. list of the general body and the list of the society and the list that has been so utilized in the elections and as far as name of four new members are concerned, they have been inducted after the elections have been held on 22.03.2016 and out of six persons, whom reference has been given, five have died and one has resigned and accordingly his name has not at all been included in the list. Mention has also been made that two petitioners, who are outgoing Manager of the Committee of Management of the Society, have no locus to challenge the validity of the impugned order and as such, the Special Appeal deserves to be dismissed. 5.
Mention has also been made that two petitioners, who are outgoing Manager of the Committee of Management of the Society, have no locus to challenge the validity of the impugned order and as such, the Special Appeal deserves to be dismissed. 5. On the basis of the arguments that have been so advanced, we have proceeded to examine the order passed by the Regional Level Committee as well as the order passed by learned Single Judge and what we find from the record in question is that Regional Level Committee, has clearly concluded that the total members are 39 and out of these 39 members, the elections dated 17.01.2016 has been held. A clear and categorical mention has also been made that in the election that has been so held on 17.01.2016, clause 4 of the Scheme of Administration has been complied with. 6. Once such is the factual situation that is so emerging and elections in question have been held under the supervision of Election Officer and Observer from amongst 39 members, wherein Sahab Singh has been elected as president and Gurdeep Singh has been elected as manager and in pith and substance, petitioner no.2 has participated in the elections, then learned Single Judge has rightly relegated the petitioners-appellants to avail the remedy of suit as large scale disputed questions of fact are being raised before this Court. Special Appeal is dismissed accordingly.