Court No. - 59
Case :- CONTEMPT APPLICATION (CIVIL) No. - 1105 of 2018 Applicant :- Narsingh Bahadur Opposite Party :- Maya Niranjan Joint Director Of Education Counsel for Applicant :- Rahul Agarwal,Abhishek Kumar Saroj
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant and Shri K.R. Singh, the learned Additional Chief Standing Counsel who appears for the opposite party. On 28 July 2017, the writ Court had passed the following directions.
"Accordingly, this Court considers it appropriate to set aside the order dated 19th April, 2017, passed by District Inspector of Schools, Allahabad. A direction is issued upon the third respondent (Joint Director of Education (Secondary), IV Region, Allahabad) to appoint suitable officer other than District Inspector of Schools, Allahabad, who had passed the impugned order, to hold fresh election after determining electoral college in accordance with law and after giving due opportunity of hearing to all concerned. It is expected that exercise of fresh election shall be completed within a period of three months from the date of filing certified copy of this order in the office of third respondent. In the meantime, till freshly elected committee takes over charge, there shall be single operation of the accounts, as operating since before passing of the impugned order."
This petition in contempt was instituted with respect to the order dated 31 January 2018 passed by the concerned Regional Level Committee in terms of which a direction was issued appointing the Principal Rajkiya Inter College, Allahabad to act as the Electoral Officer for the conduct of elections for constituting the Committee of Management in question. The objection taken was that the District Inspector of Schools, Allahabad was included in this Committee although there was a specific observation entered by the writ Court that he was to be excluded from the process of adjudication. It was additionally asserted that even by this order, the electoral college was not constituted and a direction has been issued for holding of elections. Having considered these submissions, this Court by its order dated 31 January 2018 called for a response from the opposite parties which has since been tendered today.
The affidavit of the opposite party indicates that pursuant to the notice issued on this petition, the Committee had chosen to reconsider and revisit the directions issued, as embodied in the order dated 31.01.2018, and has now passed an order dated 23 March 2018 recalling the earlier order. The fresh order now appoints the Assistant Director of Eduction (Basic) as the Electoral Officer for the purpose of holding of elections.
At the outset this Court notes that the objection of the applicant insofar as inclusion of the District Inspector of Schools is concerned shall not sustain since this Court is apprised of the fact today that the officer who was party to the decision taken on 31 January 2018 was not the District Inspector of Schools whose order stood impugned in the writ petition In view thereof it was submitted by the learned Additional Chief Standing Counsel that the inclusion of the concerned District Inspector of Schools, Allahabad would not fall foul of the expression "other than the District Inspector of Schools, Allahabad who has passed the impugned order ...". This submission of the learned counsel for the opposite party, in the considered view of this Court, has force and would merit acceptance.
Coming to the issue of constitution of the electoral college, since the earlier orders have already been recalled and fresh directions have been issued by the Joint Director of Education for holding of elections and constituting the Committee of Management of the institution in question, the only additional observation which needs to be entered is that the electoral officer shall not just finalize the electoral college but will also undertake the requisite exercise of determination as mandated under the orders of the writ Court.
Shri K.R. Singh the learned Additional Chief Standing Counsel on instructions states that such and other appropriate clarifications with respect to the orders passed by the writ Court shall be duly issued by the concerned Joint Director.
In view thereof nothing further survives on this petition which shall stand disposed of. Notices shall stand discharged.
Order Date :- 27.3.2018 nethra