Umesh Kumar Mittal v. Chancellor of C. C. S. University
2016-10-06
MAHESH CHANDRA TRIPATHI, V.K.SHUKLA
body2016
DigiLaw.ai
JUDGMENT Umesh Kumar Mittal describing himself as Joint Secretary/Life Member of Ishwar Dayal Parsandi Devi Vidya Prasarni Sabha, Bulandsahar is before this Court assailing the validity of the order dated 12.7.2016 passed by the learned Single Judge in Writ Petition No. 21318 of 2016 wherein learned Single Judge has refused to interfere with the order dated 9.3.2016 and has further given directives to get the proceedings initiated on the basis of report of inquiry committee 20.4.2015 to its logical conclusion. On the matter being taken up today it is being contended on behalf of petitioner appellant that in the present case in reference of validity of elections objections have been filed before the Vice Chancellor and at no point of time the Vice Chancellor has ever proceeded to consider the said objections and learned Single Judge has failed to consider this aspect of the matter and, as such, special appeal deserves to be allowed. Countering the said submission learned counsel representing the concerned University as well as learned counsel representing the Committee of Management of the I.P. Post Graduate College, Bulandsahar, have contended that rightful orders have been passed by the Vice Chancellor and learned Single Judge has rightly proceeded to non-suit the claim of petitioner appellant and, as such, special appeal is liable to be dismissed. After respective arguments have been advanced the factual situation that is so emerging is that elections in question have been held and as the elections were not being accorded approval complaining inaction on the part of the Vice Chancellor Writ Petition No.28065 of 2015 was filed and this Court on 18.5.2015 passed the orders for counting of ballot papers and in the said counting objections have been raised and Writ Petition No. 67138 of 2015 has been preferred for taking the decision and the said writ petition was disposed of on 15.12.2015 with direction to take the decision and mention was made for taking decision on the objections also and on 9.3.2016 recognition has been accorded to the said elections and aggrieved by the said order passed by the Vice Chancellor of Chaudhary Charan Singh University, Meerut, writ petition has been filed and same has been dismissed.
Learned Single Judge at the point of time when he has proceeded to dismiss the writ petition in question has made a categorical mention that petitioner appellant had participated in the instant election and has lost and, in such circumstances, the challenge to the order of Vice-Chancellor dated 9.3.2016, at the instance of a solitary member, who has contested and lost the election, is not required to be entertained. It is true that on the earlier occasion this Court has asked to take into account the objections, so filed by the petitioner appellant, but what we find from the record in question is that whatever complaint has been made, same is in reference of counting and the fact of the matter is that election in question has been held and Vice Chancellor has accorded recognition to the same. Against the said recognition, so accorded, the petitioner appellant has a remedy to question the validity of the elections that would entail factual dispute also before the Chancellor under Section 68 of the U.P. State Universities Act, 1973 and, as such, learned Single Judge was not at all wrong when he has proceeded to dismiss the writ petition in question whereas petitioner appellant has proceeded to assail the validity of the order passed by the Vice Chancellor. Consequently, in the facts of the case, we cannot accord any relief to the petitioner appellant but be leave it open to the petitioner appellant to question the validity of the elections before the competent court or before the Chancellor as is provided under Section 68 of the U.P. State Universities Act, 1973. With these observations, special appeal is dismissed, accordingly.