Committee of Management, Victoria Inter College, Ghatiya Azam Khan, Agra through Col. Shiv Mohan Kunjru has filed this petition challenging the order of the Regional Level Committee dated 07.12.2011 whereunder the Regional Level Committee has been pleased to hold that the Committee of Management with Ashok Kumar Bhardwaj as Manager elected on 30.03.2010 as the valid Committee of Management of the institution.
Victoria Inter College, Ghatiya Azam Khan, Agra is an institution recognised under the provisions of the Intermediate Education Act. The said institution is run and managed by means of an approved scheme of administration.
Challenging the order passed, Sri P.N. Saxena, Senior Advocate assisted by Sri Y.K. Srivastava, Advocate contended that up to the year 2003 there was no dispute with regard to the management of the institution. Till 05.03.2003 Ambrish Narain Mathur was the Manager of the institution. On 05.03.2003 Ambrish Narain Mathur expired and the petitioner Col. Shiv Mohan Kunjru was elected as Manager/Secretary for the remaining term.
However, one Sachin Kumar Srivastava along with Surendra Kumar Sharma set up parallel elections, which were recognized by the Regional Level Committee vide order dated 19.01.2004. This order has admittedly not been challenged by any person aggrieved including the present petitioner.
In order to complete the narration of fact, insofar as it pertain to the Committee of Management, it may be recorded that the Committee of Management with Sachin Kumar Srivastava as the Manager held fresh elections of the Committee of Management on 31.03.2005 wherein Ashok Kumar Bhardwaj is said to have been elected as the Manager along with other office bearers. These elections were approved by the Regional Level Committee under its order dated 12.12.2005.
The petitioner before this Court Sri Kunjru filed Writ Petition No. 29894 of 2006 challenging the order dated 31.03.2005 and it was also specifically pleaded that fresh elections have been held by him on 08.01.2006 in which Kunjru has been elected as the Manager of the Committee of Management. In the said writ petition an interim stay order was granted by the High Court on 25th June, 2006. After more than 3 years of the passing of the said order, the District Inspector of Schools on 24.09.2009 passed an order recognizing the elections set up by Sri Kunjru dated 08.01.2006.
This order of recognition dated 24.09.2009 contained a specific recital that the recognition was subject to the orders to be passed in Writ Petition No. 29894 of 2006.
The order dated 24.09.2009 was challenged by Sri A.K. Bhardwaj by means of Writ Petition No. 52453 of 2009 wherein an order of status quo was granted by the High Court on 22.10.2009.
It so happens that the Writ Petition No. 29894 of 2006 filed by Sri Kunjru was dismissed in default on 03.11.2009. As a consequence to the dismissal of the writ petition, the order dated 24.09.2009 stood discharged in view of the recital contained therein, as noticed above. Sri A.K. Bhardwaj accordingly got his Writ Petition No. 52453 of 2009 dismissed as withdrawn on 02.02.2010. Fresh elections were set up by Sri A.K. Bhardwaj dated 30.03.2010.
An application was made by Sri Kunjru in Writ Petition No. 29894 of 2006 for getting his writ petition restored. This application was allowed on 24.05.2010. However, Sri Kunjru got his writ petition dismissed as infructuous on 09.11.2010. The order dated 09.11.2010 reads as follows:
"By the lapse of time this writ petition has become infructuous.
Therefore, it is hereby dismissed as having become infructuous.
No order as to cost.
Interim order, if any, is hereby vacated."
It appears that after the writ petition was got dismissed as infructuous, the legality of the elections dated 10.03.2010, in which A.K. Bhardwaj was elected as Manager, was examined by the District Inspector of Schools and vide order dated 20.11.2010 he recognized the said elections.
Not being satisfied Kunjru filed Writ Petition No. 71489 of 2010. The writ petition was allowed and the matter was remanded to the Regional Level Committee for fresh decision being taken in the matter of elections dated 10.03.2010. The Regional Level Committee by means of its order dated 08th June, 2011 again recognized the elections dated 30.03.2010 with A.K. Bhardwaj as Manager. This order was subjected to challenge by means of another Writ Petition No. 39805 of 2011. The writ petition was allowed and the matter was remanded for fresh consideration to the Regional Level Committee on the ground that sufficient reasons have not been recorded while passing the order dated 08.06.2011.
The Regional Level Committee under the order impugned dated 07.12.2011, after considering the pleas raised on behalf of the parties, has again upheld the elections dated 30.03.2010. It is against this order dated 07.12.2011 that the present writ petition has been filed.
Sri P.N. Saxena, Senior Advocate with reference to the order of the Writ Court dated 08th June, 2005 passed in 38825 of 2005 submits that a direction was issued to the Assistant Registrar, Firms, Societies and Chits to hold fresh elections of the office bearers of the society after determining the electoral college. The Assistant Registrar determined the electoral college by means of the order dated 19.09.2005. In his order it has been recorded that A.K. Bhardwaj is not even a primary member of the general body of the society.
This order was challenged by Sri A.K. Bhardwaj by means of Writ Petition No. 61769 of 2005. The writ petition was dismissed vide order dated 01.09.2006 granting liberty to A.K. Bhardwaj to ventilate his grievance before the Prescribed Authority by making a reference petition under Section 25 of the Societies Registration Act. The matter is said to be pending before the Prescribed Authority. It is, therefore, his case that as on date Sri A.K. Bhardwaj is not even a primary member of the society and therefore he has no any right to hold any election or to be elected as manager of the Committee of Management. It is further submitted that since A. K. Bhardwaj has got his Writ Petition No. 52453 of 2009 dismissed as withdrawn, the order dated 24.09.2009 passed by the District Inspector of Schools recognizing the elections dated 08.01.2006, wherein Kunjru was elected as manager, becomes enforcible and binding upon A.K. Bhardwaj. The order impugned passed by the Regional Level Committee is rendered illegal.
Sri G.K. Singh, Advocate in reply points out that with the dismissal of Writ Petition No. 29894 of 2006, for whatsoever reasons it may be, two consequences follows (a) the order, recognizing the elections dated 08.01.2006 with Sri Kunjru as manager, passed by the District Inspector of Schools dated 24.09.2009 would loose all binding effect and becomes inoperative in the eyes of law in view of the recital in the order dated 24.09.2009 itself to the effect that the same was subject to the final orders to be passed in Writ Petition No. 29894 of 2006 and (b) the petitioner having set up his elections dated 08.01.2006 in the said petition and having got the same dismissed as infructuous without getting any order upholding his elections dated 08.01.2006, cannot now be permitted to reopen the said issue by pleading that the elections dated 08.01.2006 were validly held or be given effect to in this subsequent petition.
It is the case of Sri G.K. Singh that the order passed by the High Court dated 11.03.2005 in Writ Petition No. 38825 of 2005 and that passed by the Deputy Registrar dated 19.09.2005 as also the order passed by the High Court in Writ Petition No. 61765 of 2005, dated 08th February, 2006 and the pendency of the proceedings before the Prescribed Authority under Section 25 are wholly irrelevant for adjudication of the legality of the order passed by the Regional Level Committee. It is his case that the Societies Registration Act and the Intermediate Education Act operate in different field and are not overlapping. Under the scheme of administration a separate general body for constituting the Committee of Management is contemplated, which is entirely different from the general body of the society which constitutes the electoral college for the elections of the office bearers of the society. He, therefore, submits that the reference made to the various orders by the counsel for the petitioner are out of context.
It is his case that pure findings of fact have been recorded by the Regional Level Committee in respect of the legality of the elections of the Committee of Management held. Such finding of fact need not be reopened or re-adjudicated by the High Court under Article 226 of the Constitution of India. The proper remedy available to the petitioner is to file a civil suit.
I have heard learned counsel for the parties and have examined the records.
This court in the judgment reported in 1988, U.P.L.B.E.C. V-1 732 (Committee of Management of Hindu Inter College, Koshi Kala and others Versus Deputy Director of Education, Agra region, Agra and others) has specifically held that the provisions of Societies Registration Act and the provisions of the Intermediate Education Act are not overlapping they operate in separate fields.
It is not in dispute that under the scheme of administration of the society, which has been enforced under the provisions of section 16-A of the Intermediate Education Act by the competent authority, a separate general body is contemplated for holding of the elections of the Committee of Management of the Intermediate College vis-a-vis the one which is the electoral college for holding the elections of the office bearers of the society under the bye laws duly registered under the Society Registration Act.
In view of the admitted position that the general body for constituting the Committee of Management of the institution is provided for under the scheme of administration is entirely a different body vis-a-vis the general body of the society. The objections raised by Sri P.N. Saxena with regard to Sri A.K. Bhardwaj being not even a member of the general body of the society and therefore not entitled to be elected as Manager of the Committee of Management loose all significance. Any objection with regard to the membership of Sri A.K. Bhardwaj in respect of his membership of the society and the pendency of the dispute in that regard before the Prescribed Authority cannot be the controlling factor for coming to a conclusion that A.K. Bhardwaj is not even member of the general body as contemplated under the scheme of administration for constituting the Committee of Management of the Intermediate College. The objection in that regard is therefore overruled.
This Court further finds that the petitioner had challenged the recognitions of the elections dated 31.03.2005, wherein Sri A.K. Bhardwaj was elected as the manager, by means of Writ Petition No. 29894 of 2006 and in the said writ petition it was specifically pleaded that fresh elections of the Committee of Management with Sri Kunjru as the Manager had taken place on 08.01.2006. An interim order of status quo was also granted in favour of the petitioner, namely Sri Kunjru. The term of the elected office bearers of the Committee of Management is admittedly five years. Therefore, Sri Kunjru, either under misconception of fact or for reasons best known to him, wrongly got his writ petition dismissed as infructuous on 09.11.2010. This has resulted in the challenge to the order dated 12.12.2005 being lost. Therefore, the said order dated 12.12.2005 becomes binding upon Sri Kunjru. Similarly, having not pressed for the Committee of Management elected on 08.01.2006 to be permitted to complete its term of five years, he has waived his right in that regard. This Court cannot permit Sri Kunjru to claim a right to manage the institution on the basis of the elections dated 08.01.2006 or to question the right of A.K. Bhardwaj to hold fresh elections dated 30.03.2010.
In the totality of the circumstances on record this Court finds that the petitioner has not been able to make out any case for challenging the legality or otherwise of the order dated 07.12.2011 except for raising factual issues, which cannot be gone into in writ jurisdiction.
The writ petition is, therefore, dismissed with liberty to Sri Kunjru to file a civil suit. Interim order, if any, stands discharged.
Order Date :- 19.9.2012 Pkb/