By the order dated 03.08.2019, the order according approval to the signatures of petitioner no. 2 as Manager of the institution has been recalled. The signatures of petitioner no. 2 were attested by the District Inspector of Schools on 11.12.2018.
The petitioner no. 2 had submitted an election claim asserting that the election took place on 09.09.2018. It is borne out from the record that objections to the aforesaid election claim were filed by respondent no. 4 before the attestation of the signature of petitioner no. 2 as Manager of the institution.
Several notices in this regard were issued to petitioner no. 2 before the attestation of his signatures on 11.12.2018 to respond to the objections made by the respondent. However, the enquiry into validity of the elections was dropped by midway by the District Inspector of Schools and the signatures of petitioner no. 2 came to be attested on 11.12.2018. Subsequently, the District Inspector of Schools by order dated 03.08.2019 considered the merits of the objection in detail and recalled the order dated 11.12.2018.
Sri Nanhe Lal Tripathi, learned counsel for the petitioners contends that the order dated 03.08.2019 was passed without affording an opportunity of hearing to the petitioner. The order visits the petitioner with penal consequences and has been passed in violation of principles of natural justice.
Per contra, Sri Ashok Khare, learned Senior Counsel assisted by Sri Pradeep Kumar Upadhyay, learned counsel for the respondent no. 4 contends that the election claim set up by the petitioners was disputed by the respondent no. 4. The objections to the election claim set up by the petitioners was engaging attention of the District Inspector of Schools. In the wake of such dispute regarding the election claim set up by the petitioners, the District Inspector of Schools was divested of the authority to adjudicate the validity of the election claim made by the petitioners. The proper course of action was to refer the matter to the Regional Level Committee. The District Inspector of Schools acted in violation of law by attesting the signatures of petitioner no. 2 and upholding the validity of the elections by order dated 11.12.2018. Further the order dated 11.12.2018 is a non speaking order which does not take objections of the petitioners into account.
The order dated 03.08.2019 records various irregularities in the conduct of alleged election on 09.09.2018. The election vitiated in this manner cannot be granted the sanctity of law by attestation of signatures of the Manager who claims to be elected on the foot of the same.
Admittedly the election claim of the petitioner came to be disputed before the signature of the petitioner no. 2 was attested. The order dated 11.12.2018 is a non speaking order. It is also noteworthy that the dispute in regard to validity of the election was decided by the District Inspector of Schools, on 03.08.2019. Both orders look vulnerable to judicial review.
After some arguments Sri Nanhe Lal Tripathi, learned counsel for the petitioners and Sri Ashok Khare, learned Senior Counsel assisted by Sri Pradeep Kumar Upadhyay, learned counsel for the respondent no. 4, agree that there is a dispute regarding the election claim set up by the petitioners. The disputed has to be adjudicated by the Regional Level Committee.
In such view of the matter, with the consent of Sri Nanhe Lal Tripathi, learned counsel for the petitioners and Sri Ashok Khare, learned Senior Counsel assisted by Sri Pradeep Kumar Upadhyay, learned counsel for the respondent no. 4, the orders dated 03.08.2019 and 11.12.2018 passed by the District Inspector of Schools, Allahabad, are quashed and the matter is remitted to Regional Level Committee to execute the following directions:
I. The parties shall appear before the Regional Level Committee along with supporting documents on 04.09.2019. The Regional Level Committee shall notice all necessary parties.
II. The Regional Level Committee shall fix a date for appearance of all necessary parties before it. On such date fixed, the parties shall exchange their respective pleadings and relied on documents in support of their cases on the said date.
III. The Regional Level Committee shall make a finding in the book of proceedings that the parties have been served with copies of pleadings and the documents being relied upon by their respective adversaries.
IV. The Regional Level Committee, shall fix a date of hearing and intimate the said date to the concerned parties. The Regional Level Committee shall hear the parties on the date fixed.
V. Both the parties undertake to cooperate in the proceedings before the Regional Level Committee and shall not seek any adjournment.
VI.After hearing the parties, the Regional Level Committee shall pass a reasoned and a speaking order after independent application of mind in accordance with law.
VII. The entire exercise shall be completed within a period of three months from the date of receipt of a certified copy of this order.
This Court has not gone into the veracity of the assertions made in the writ petition nor has the claim of the petitioners been judged on merits. It is for the competent authority to do so after independent application of mind.
The writ petition is disposed of.
Order Date :- 26.8.2019 Pravin