Court No. - 19
Case :- WRIT - C No. - 66853 of 2015 Petitioner :- Jaipal Singh & 3 Others Respondent :- State Of U.P. & 5 Others Counsel for Petitioner :- Randhir Jain, Ashish Jaiswal Counsel for Respondent :- C.S.C.,N.C. Tripathi, Prem Prakash Yadav
Hon'ble Manoj Kumar Gupta,J.
Heard Sri Randhir Jain, learned counsel for the petitioners, learned standing counsel for respondents 1 to 5 and Sri N.C. Tripathi learned counsel for respondents 6 and 7.
Learned counsel for the petitioners informed the Court that the petitioners have filed an amendment application in the Registry but he made a statement that he is not pressing the said application and insisted for matter being heard and accordingly, it was taken up for hearing.
There is a registered society in the name of Bhootpurva Sainik Adarsh Uchchtar Madhyamik School, Kallowala, Bijnor. The said society is running an educational institution by the same name. The institution is upto High School level and receives grant-in-aid from the State Government upto Junior High School level. It is being managed by a committee which is constituted as per the provisions of approved Scheme of Administration under Section 16-A of the U.P. Intermediate Education Act, 1921. The first petitioner claims that he was Deputy Manager in the erstwhile Committee of Management of the Institution, whereas petitioners 2, 3 and 4 claim themselves as members/life members of the General Body. They have filed instant writ petition challenging the order dated 9.6.2015 passed by District Inspector of Schools, Bijnor granting legitimacy to the election dated 30.4.2015 wherein respondents 6 and 7 were elected. The petitioners have also challenged the order dated 17.10.2015 passed by the Regional Level Committee approving the decision of District Inspector of Schools dated 16.9.2009, whereby he decided the strength of General Body as 33. The order also approves the order of District Inspector of Schools dated 9.6.2015 recognising the election dated 30.4.2015. The order of the Regional Level Committee was passed in purported compliance of orders passed by this Court on 11.3.2014, 20.7.2015 and 2.9.2015.
The order dated 11.3.2014 was passed by this Court in writ petition No. 53289 of 2009 filed by the petitioners, challenging the order of District Inspector of Schools dated 16.9.2009 determining the electoral college as comprising of 33 members. The order was challenged on the ground that the last undisputed election was held in the year 1999 on basis of 120 members. Thereafter, according to the petitioners, no election could be held for one reason or the other and ultimately an Authroised Controller was appointed in the institution by the Joint Director of Education on 23.10.2003. While the said writ petition was pending, writ petition no. 26403 of 2011 was filed by two persons claiming themselves to be members of the General Body, for a direction to hold election of the Committee of Management of the institution. Both the aforesaid writ petitions were disposed of by order dated 11.3.2014 by making the following observations :-
“Having heard learned counsel for the parties and perused the record. In my view it is expedient in the interest of justice that the election may be held on the basis of the electoral roll determined by the District Inspector of Schools.
However, before recognizing the said election the Joint Director of Education, Moradabad shall place the objection filed by the petitioners or any other interested person before the Regional Level Committee. The petitioner is at liberty to raise all the points which is available to him in their objection. The Regional Level Committee shall pass appropriate order after considering the objection of the petitioners and the other concerned person by a reasoned order. The election shall be held by the Authorized Controller within two months from the date of communication of this order.
With the aforesaid observations and order, both the writ petition are finally disposed of.”
It appears that thereafter election was held by the Authorized Controller appointed by District Inspector of Schools on 30.4.2015 and in which respondent no.7 was elected. The District Inspector of Schools passed an order dated 9.6.2015, impugned herein, recognising the said elections. Certain members of the society filed Contempt Application No.4149 of 2015, which was disposed of by order dated 20.7.2015 with the following direction :-
“However, considering the facts and circumstances of the case, without issuing any notice at this stage, one more opportunity is given to comply the order dated 11.03.2014 passed by this Court in Writ Petition No. 53289 of 2009 within a period of two months from the date of receipt of a certified copy of the order of this court. In case the order is not complied with within the aforesaid period, the applicant shall be at liberty to approach this court again.”
The petitioners filed writ petition no. 49543 of 2015 before this Court challenging the election proceedings and whereupon, by order dated 2.9.2015, this Court directed the Regional Level Committee to decide the validity of the members of the society on the basis of representation made by the petitioners. The direction issued in this regard is in following terms :-
“The writ petition is disposed of with the direction that in case the petitioners make any representation with regard to the validity of the members of the society, the same shall be considered and appropriate orders be passed in accordance with law by the Regional Level Committee.”
Learned counsel for the petitioners submitted that the impugned order passed by the Regional Level Committee is in violation of principles of natural justice as proper opportunity of hearing was not given to the petitioners. He further submitted that the last undisputed election was held from 120 members whereas District Inspector of Schools by order dated 6.9.2009 has determined the electoral college as comprising of 33 members only out of which only 12 were alive who alone participated in the election. According to him, the election held from 12 members was a farce. The Regional Level Committee failed to address itself to the validity of the electoral college despite repeated directions by this Court in various writ petitions. He further submitted that the order dated 6.9.2009 was not interfered with by this Court by order dated 11.3.2014 but it was left open to the petitioners to raise all points before the Regional Level Committee relating to validity of electoral college, as determined by District Inspector of Schools by the said order. Accordingly, the petitioner made representation before the Regional Level Committee on 25.9.2015 specifically raising the plea that the election should have been held from the list of 120 members. However, Regional Level Committee has mechanically placed reliance on the order of District Inspector of Schools dated 16.9.2009 without appreciating that the validity of the said order was required to be adjudged by it. It is submitted that therefore, the order of Regional Level Committee suffers from manifest error of law.
Sri N.C. Tripathi, learned counsel appearing on behalf of respondents 6 and 7 tried to support the impugned order by submitting that the petitioners could not demonstrate before the Regional Level Committee how the electoral college comprised of 120 members. He further submitted that the petitioners had not filed any evidence in that regard and therefore, according to him, there is no illegality in the impugned order passed by the Regional Level Committee recognising the election dated 30.4.2015 held from the members determined by District Inspector of Schools by order dated 16.9.2009.
Sri N.C. Tripathi, learned counsel for respondents 6 and 7 has not disputed before this Court that the last election was held in the year 1999 from 120 members, though according to him, after election of the year 1996, large number of persons were illegally admitted as members. It is also not disputed that the District Inspector of Schools, on 3.11.1996 attested the signatures of Kulvendra Singh, who was elected in the election held in the year 1999. It is also not disputed that the determination made by District Inspector of Schools by order dated 16.9.2009 is not final and it was required to be considered by the Regional Level Committee consequent to the directions issued by this Court vide its order dated 11.3.2014 and 2.9.2015.
A perusal of the order of the Regional Level Committee reveals that it had accorded approval to the election held on the basis of electoral college determined by District Inspector of Schools by order dated 16.9.2009 by observing that the petitioners could not produce any evidence to prove that the electoral college comprised of 120 members. As noted above, it being not disputed that the last election was held from 120 members, it was the burden of respondents 6 and 7, who claim themselves to be elected from an electoral college comprising of only 33 members to prove how the membership had gone down from 120 to 33.
A perusal of order of the Regional Level Committee further reveals that the Regional Level Committee was horbouring under a misconception that the order passed by District Inspector of Schools dated 16.9.2009 is sacrosanct, and therefore did not enter into scrutiny of the said order, but on the other hand, relied upon it in approving the election held on basis of the said order. Since there is no determination relating to validity of the electoral college, the order recognising the election, also could not be sustained.
Accordingly, this Court is of the opinion that both the orders passed by the District Inspector of Schools dated 9.6.2015 as well as of the Regional Level Committee dated 17.10.2015 becomes vulnerable and are hereby set aside.
The writ petition is allowed and the matter is remitted to the Regional Level Committee for according fresh consideration to the issue relating to validity of the electoral college, having regard to the observations made by this Court in its previous order dated 11.3.2014 as well as the order dated 2.9.2015. The aforesaid exercise shall be completed by the Regional Level Committee within a period of three months from the date of production of certified copy of this order before the third respondent.
Order Date :- 24.4.2018 skv (Manoj Kumar Gupta, J.)