Court No. - 19 Case :- WRIT - C No. - 19881 of 2018 Petitioner :- C/M Swami Deen Bandhu Inter College And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shivendu Ojha,Sri Radha Kant Ojha (Sr. Advocate) Counsel for Respondent :- C.S.C.,Mukesh Kumar
Hon'ble Manoj Kumar Gupta,J.
The instant writ petition is directed against an order dated 10.5.2018 passed by Regional Level Committee, the second respondent, discarding election of the Committee of Management of Swami Deen Bandhu Inter College, Sirauli, Farrukhabad dated 7.8.2016 set up by the petitioners as well as election dated 8.10.2017 set up by respondent no.4. The order declares that the Committee has become time barred and consequently District Inspector of Schools has been directed to hold election himself or through a gazetted officer appointed as an observer, as per government order dated 2.9.2008.
The petitioners claim on basis of election held in the year 2013, that they were the outgoing Committee of Management. The term of Committee of Management under the approved Scheme of Administration is three years. Accordingly, fresh election was held on 7.8.2016. The document in regard to election proceedings dated 7.8.2016 was submitted in the office of third respondent on 11.8.2016 alongwith covering letter dated 7.8.2016. However, the District Inspector of Schools ignoring the claim set up by the petitioners, proceeded to recognise respondent no.4 as Manager by passing order dated 14/18 December 2017, on basis of election dated 8.10.2017. Aggrieved thereby, the petitioners filed Writ-C No.638 of 2018 challenging the said order. This Court called for the original record as there was a dispute raised before the Court to the effect that alongwith covering letter dated 7.8.2016, election proceedings were not submitted. The Court after examining the original record, repelled the plea that election proceedings were not submitted alongwith the covering letter dated 7.8.2016. Accordingly, order passed by the District Inspector of Schools, attesting signatures of respondent no.4 dated 14/18 December 2017 was quashed and Regional Level Committee was directed to decide rival claim relating to election of the Committee of Management of the institution. In pursuance thereof, the impugned order has now been passed by the Regional Level Committee.
The impugned order discards the election set up by the petitioners on the ground that the original election proceedings were not made available by any of the parties. The other reason given in the impugned order for discarding election of petitioners is that the election was held by the petitioners from the list of members which is at variance with the list of members approved by the Deputy Registrar on 23.8.2017 under Section 4-B of the Societies Registration Act, 1860.
Sri R.K. Ojha, learned senior counsel appearing on behalf of petitioners submitted that the petitioners were not required to submit original proceedings in the office. It is urged that alongwith the covering letter dated 7.8.2016, photostat copy of election proceedings were duly filed on 11.8.2016. He further submitted that in case Regional Level Committee wanted to examine the original proceedings, it should have directed the petitioners to produce the same and in which event the original proceedings would have been placed before the Regional Level Committee. However, no such direction was given to the petitioners and therefore the impugned order proceeds to reject the claim of the petitioners on a wholly unsustainable ground. He further submitted that the list of general body, on which reliance has been placed by the Regional Level Committee was mechanically approved by Assistant Registrar without making any adjudication. In support of said contention, he has placed on record the order passed by Assistant Registrar registering the list which only states that correctness of the list placed before him, has been verified and it is accordingly registered. The order further states that in case of any concealment, the registration of the list would be cancelled. It is submitted that since the list was registered without any adjudication and therefore, it cannot be said to be conclusive. If the Regional Level Committee was harbouring doubt in its mind regarding validity of the electoral college, it ought to have decided the said question, instead of mechanically placing reliance on the list supplied by the Assistant Registrar.
Sri Krishnaji Khare, holding brief of Sri Mukesh Kumar, learned counsel for respondent no.4, submitted that the election proceedings set up by the petitioners are based on forged and fabricated documents. According to him, election was never held on 7.8.2016. However, he does not dispute that there was no direction by the Regional Level Committee to the parties to produce original proceedings. He also does not dispute that the order passed by Assistant Registrar under Section 4-B registering the list, was without making any adjudication. He therefore very fairly stated that instead of keeping the matter pending before this Court, the matter be remitted back to the Regional Level Committee for taking a fresh decision.
In view of statement made by him and having regard to the facts noted above, this Court is also of the opinion that adopting such a course would subserve the interest of justice. Accordingly, the impugned order is hereby quashed. The matter is remitted back to the Regional Level Committee for taking fresh decision in accordance with law and in the light of the observations made above, within three months from the date of production of a certified copy of this order. All pleas and contentions are left open for being raised before the Regional Level Committee.
The writ petition stands disposed of accordingly.
(Manoj Kumar Gupta, J.) Order Date :- 31.5.2018 skv