Haru Mahto son of Late Kalewar Mahto v. State of Jharkhand
2019-04-02
SUJIT NARAYAN PRASAD
body2019
DigiLaw.ai
ORDER : 1. This writ petition is under Article 226 of the Constitution of India wherein the direction has been sought for upon the respondents to take appropriate action on the representation of the petitioner against the respondent no.5 who in spite of order of higher authorities refused to recognize the petitioner as President of the Gram Sabha, Asanboni even though the petitioner was duly elected for the same post on 25.07.2016. 2. It is the case of the petitioner that he being the resident of village Asanboni in the district Bokaro and in the meeting of the Gram Sabha held on 25.07.2016 he has been elected as president of the Gram Sabha along with office bearer in presence of member of Panchayat Samittee of Sabra Gram Panchayat in the district of Bokaro but the competent authority of the respondent has refused to recognize the petitioner as President elected by the Gram Sabha with respect to Upgraded Middle School, Asanboni, Bokaro and therefore, he has submitted representation on 26.08.2016 before the concerned respondent who has forwarded it before the respondent no.2 and requested for an enquiry in this regard and also to take necessary steps, when the decision has not been taken the present writ petition has been filed. 3. Counter affidavit has been filed by the State respondent, inter alia therein stand has been taken that in pursuance to the direction of the Deputy Commissioner cum Serve Shiksha Abhiyan, Bokaro vide order dated 05.08.2017 decision has been taken to reconstitute the Managing Committee of the School where the tenure of the Managing Committee of three years has been completed and in pursuance to the aforesaid direction election was conducted on 08.08.2017, in which, one Sri Prasadi Bauri has been elected as President whose period is for a tenure of three years will expire on 07.08.2020 and, as such, the petitioner could not be recognized as President of the School, Managing Committee/Village Education Committee. 4. Although, no response to the said counter affidavit has been filed but Mr.
4. Although, no response to the said counter affidavit has been filed but Mr. Nishit Kumar Sahni, learned counsel for the petitioner in response has submitted by referring to the contents of the communication dated 20.07.2017 wherein the decision has been taken to conduct the election of the committee whose tenure has already been completed the period of three years and since the petitioner was elected on 25.07.2016, therefore his tenure would be up to 24.07.2019 and as such the decision taken by the authority in the communication dated 20.07.2017 is not applicable for the reason that the same is for the institution where the terms of the Managing Committee has already expired. 5. Heard learned counsel for the parties and on appreciation of the rival submission, it is evident that the petitioner has raised the issue by invoking jurisdiction conferred to this Court under Article 226 of the Constitution of India to the effect that his election as President of the Upgraded Middle School, Asanboni, Bokaro of its Managing Committee, upon which has been elected on 25.07.2016 is not recognized in respect of the due recognition given by the competent authority. 6. Although the petitioner has made statement with respect to election upon which he has been elected as President of the Managing Committee on 25.07.2016 by the Gram Sabha but no document in support of the said statement has been filed, ground has been taken by the respondent that the election of the Managing Committee has been conducted on 08.08.2017 in which Sri Prasadi Bauri has been elected as President but no rebuttal reply has been filed by petitioner and furthermore even if the election has wrongly been conducted it should have been questioned by the petitioner, even if the election has been conducted in course of pendency of the writ petition i.e. 08.08.2017 but the petitioner has chosen not to do so. 7.
7. In view therefore, since the writ petition has been filed in the month of January, 2017 and election has already been conducted on 08.08.2017 upon which the body has been elected including the President of the Managing Committee whose tenure is for a period of three years in pursuance to the rule the same having not been questioned by the petitioner and the petitioner has also not brought any cogent evidence that he has been elected on 25.07.2016, this Court is not inclined to pass positive direction in favour of the petitioner. 8. Accordingly, the writ petition stands dismissed.