Court No. - 7
Case :- WRIT - C No. - 23463 of 2019 Petitioner :- C/M Inter College Shri Dausarai, Dhanauti And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sandeep Kumar,Shri Radha Kant Ojha (Senior Advocate) Counsel for Respondent :- C.S.C.,Sunil Kumar Srivastava
Hon'ble Ajay Bhanot,J.
The submission of Sri R.K. Ojha, learned Senior Counsel assisted by Sri Sandeep Kumar, learned counsel for the petitioners, is that the elections to the committee of management of the institution, were held by the out going and duly recognized committee of management on 08.06.2019. The petitioner no. 2, came to be elected as Manager of the institution, in the election dated 08.06.2019. The respondent no. 4 had earlier set up an election claim in the year 2014, which came to be invalidated by the Regional Level Committee by order dated 11.12.2014. The order dated 11.12.2014 affirmed the validity of the committee of management, which conducted the elections on 08.06.2019.
By the order dated 11.07.2019, the District Inspector of Schools has invalidated the election claim of the petitioner, and by order dated 05.07.2019, upheld the election set up by the respondent no. 4.
Sri R.K. Ojha, learned Senior Counsel, contends that the impugned orders were passed, by adopting a procedure not known to law, and in violation of principles of natural justice. The orders are beyond jurisdiction. The District Inspector of Schools did not have the authority to adjudicate the rival election claims.
Clearly the orders passed by the District Inspector of Schools are vulnerable to judicial review.
Faced with this and after some argument Sri Ashok Khare, learned Senior Counsel, assisted by Sri Sunil Kumar Srivastava, learned counsel for the respondents, submits that the respondent no. 4, to prove his bonafide, is amenable to a fresh election held under the supervision of an independent authority. Both the parties are in agreement to this course.
With the consent of learned counsel for the parties, Sri R.K. Ojha, learned Senior Counsel assisted by Sri Sandeep Kumar, learned counsel for the petitioners and Sri Ashok Khare, learned Senior Counsel, assisted by Sri Sunil Kumar Srivastava, learned counsel for the respondents, the order dated 01.07.2019 and 05.07.2019 passed by the District Inspector of Schools are quashed and following directions are issued:
(i) The Sub-Divisional Magistrate, Mahawal, District Mathura shall conduct the elections of the committee of management of the institution.
(ii) The Sub-Divisional Magistrate, Mahawal, District Mathura shall cause an election notification to be published in Amar Ujala, newspaper widely circulated in Mathura. The cost of publication of notice shall be borne by the committee of management.
(iv) The Sub-Divisional Magistrate, Mahawal, District Mathura, in his capacity, as election observer shall publish the tentative list of valid members of the society in the Hindi daily, Amar Ujala and invite objections to the same, in the same published notice.
(v) The electoral college, on which the last election was held shall compose the tentative electoral college, of this election as well.
(vi) The objections of the respective parties shall be decided within a period of one week from the date of inviting such objection.
Thereafter the Sub-Divisional Magistrate, Mahawal, District Mathura, shall publish the final electoral list, and and dates of the elections in a widely circulated newspaper Amar Ujala, in district Mathura.
Thereafter the Sub-Divisional Magistrate, Mahawal, District Mathura shall fix a date and appoint an Observer for conduct of election.
The election shall be held on the date so fixed by the Sub-Divisional Magistrate, Mahawal, District Mathura. Results of the election shall be declared on the same day.
The exercise shall be completed within a period of one month, from the date of receipt of a certified copy of this order.
The committee of management recognised by the Regional Level Committee in the order dated 11.12.2014 shall continue till the holding of the elections.
A compliance affidavit shall be filed by the Sub- Divisional Magistrate, Mahawal, District Mathura before the Registrar General, High Court, Allahabad, after the election results are declared. All expenses of publications in the daily newspaper Amar Ujala and the travel expenses of the Sub-Divisional Magistrate, Mahawal, District Mathura, shall be borne by the C/M Inter College Shri Dausarai, Dhanauti and others.
With the aforesaid directions the writ petition is disposed of.
Order Date :- 25.7.2019 Ashish Tripathi