Court No. - 19
Case :- WRIT - C No. - 34792 of 2018 Petitioner :- C/M Bhakt Vatsal Inter College And Another Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Yogesh Kumar Saxena,Sudhanshu Pandey Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J.
Heard counsel for the petitioners, learned Standing Counsel for respondents No. 1, 2 and 3 and Sri Sudhanshu Pandey for respondent No. 4. With their consent, the writ petition is being disposed of finally without inviting a formal counter affidavit.
The petitioners have called in question an order passed by District Inspector of Schools, Mainpuri on 15.09.2018 holding that election dated 12.08.2018, on basis of which petitioners claim to be elected as Managing Committee of Bhakt Vatsal Inter College, Bichawa, Mainpuri, was not validly held. The order specifically records that the said election was held by a Committee whose term had expired longback. It has also been observed in the impugned order that previous election dated 23.08.2015 set up by the petitioners was never recognized nor the proceedings thereof were received in his office. It has been concluded that the election thus held in the year 2018 is by a Committee whose term has expired long back.
Sri Yogesh Kumar Saxena, learned counsel for the petitioners submitted that in case the District Inspector of Schools has come to a conclusion that election was held by a Committee whose term had expired, he should have directed for a fresh election being held, after appointing an authorised controller, but he is not justified in passing a consequential order dated 15.09.2018 for single operation of the accounts. He further submitted that in the circumstances aforesaid, respondents 2 and 3 be directed to appoint authorised controller and he may be issued a further direction to hold fresh elections, to which learned Standing Counsel and learned counsel for respondent No. 4 have no objection.
Accordingly and having regard to consensus between the parties, the instant writ petition is disposed of with the following directions:-
(a) The petitioners shall file a certified copy of this order before respondents No. 2 and 3 within a week from today.
Respondent No. 2 shall appoint an authorised controller in the institution.
(b) The authorised controller, who is appointed, shall finalize the electoral college after inviting objections and shall hold election in accordance with the approved scheme of administration within next two months.
(c) After the elections are held, the management of the institution shall be handed over to the Committee so elected.
The writ petition stands disposed of accordingly.
(Manoj Kumar Gupta, J.) Order Date :- 30.10.2018 Darpan Sharma