Court No. - 3
Case :- WRIT - C No. - 1877 of 2019 Petitioner :- C/M Janta Inter College Shivpuri And 10 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Parmatma Nand Ojha,Abhishek Shekhar Ojha,Anurag Kumar Ojha,Shri Ashok Khare Senior Advocate Counsel for Respondent :- C.S.C.,Neelam Pandey
Hon'ble Ajay Bhanot,J.
Sri Pankaj Rai, learned counsel assisted by Smt. Neelam Pandey have entered appearance on behalf of respondent no. 5. Learned counsel for the petitioners is permitted to implead Suresh Chandra Sharma as party respondent no. 5 to the writ petition.
The order dated 29.12.2018 passed by the Authorised Controller of the institution, finalising the electoral college/list of valid members of the society has been assailed in the writ petition.
The order passed by the Authorised Controller is in pursuance of an order passed by this Court in Writ-C No. 16356 of 2018 (C/M Janta Kanya Inter College and another Vs State of U.P. and others) on 21.05.2018. The operative portion of the order being relevant is extracted hereunder:-
"Accordingly, the impugned order dated 25.4.2018 is quashed. The second respondent is directed to appoint an authorised controller for holding election of the Committee of Management of the institution. The authorised controller so appointed shall publish a provisional list of the members of the General Body and after inviting objections, he shall finalise the same before proceeding to hold the elections. It is desirable that the authorised controller is appointed by the second respondent within two weeks from the date of production of a certified copy of this order and authorised controller so appointed proceeds to finalise the electoral college within three months thereafter.
The writ petition stands disposed of accordingly."
The contention of Sri Ashok Khare, learned Senior Counsel assisted by Sri Parmatma Nand Ojha, learned counsel for the petitioners is that the Authorised Controller while passing the order dated 29.12.2018 records the validity of 39 members.
The contention of learned Senior Counsel is that 38 of the aforesaid members were not validly enrolled. The material on the foot of which the aforesaid 38 members claim to be validly enrolled members were not supplied to the petitioners. The material was adverse to the petitioners. The order dated 29.12.2018 has been passed in violation of principles of natural justice.
Sri Pankaj Rai, learned counsel assisted by Smt. Neelam Pandey, learned counsel appearing on behalf of newly impleaded respondent no. 5, fairly contends that from the record it is not possible to demonstrate that the material and pleadings on the foot of which the 38 members claim to be valid members were served upon the petitioners.
He further submits that the petitioners have also not served the material on the basis of which they claim to be valid members of the society upon the said respondent no. 5.
Learned Standing Counsel could not dispute the fact that the order dated 29.12.2018 was passed in violation of principles of natural justice.
With the consent of parties the order dated 29.12.2018 passed by the Authorised Controller assailed in the instant writ petition is quashed and a writ of mandamus is issued commanding the Authorised Controller to execute the following directions;
(i) The Authorised Controllerf shall provide the material and the pleadings being relied upon by the respondent no. 5 and other 38 members to assert their claim of valid membership to the petitioner.
(ii) The material and the pleadings on the foot of which the petitioners claim to be validly enrolled members shall be provided to respondent no. 5 and other contesting parties.
(iii) The Authorised Controller shall return a finding of service of material and pleaded being relied upon by the contending parties upon their respective adversary.
(iv) The Authorised Controller shall pass a reasoned and speaking order in accordance with law determining the membership of the society/electoral college. The order shall be passed after giving an opportunity to the contending parties.
(v) The exercise shall be completed within a period of two months from the date of receipt of a certified copy of this order.
(vi) The Authorised Controller shall thereafter proceed to hold the elections as directed in the order passed by this Court in Writ-C No. 16356 of 2018 (C/M Janta Kanya Inter College and another Vs State of U.P. and others.
The writ petition is allowed.
Order Date :- 21.1.2019 Pravin