Court No. - 19 Case :- WRIT - C No. - 35536 of 2018 Petitioner :- Pt. Jai Narain Mishra And 5 Others Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Hari Prasad Pandey,Sri G.K. Singh, Sr. Advocate Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J.
The impleadment application is allowed.
Counsel for the petitioners is permitted to incorporate the amendment in the cause title during course of the day.
Heard Sri GK Singh learned counsel assisted by Sri HP Pandey for the petitioners, learned standing counsel for the State Respondents and Sri Ashok Khare, learned senior counsel assisted by Sri Siddharth Khare for respondent no.6, the main contesting respondent, whose election has been recognised by the impugned order.
With their consent the writ petition is being disposed of finally without inviting a formal counter affidavit and also without issuing notice to the other respondents.
The petitioners have challenged the order dated 9.7.2018 passed by District Inspector of Schools, Allahabad attesting the signature of Vinod Kumar Singh as Manager of the Committee of Management of Kisan Intermediate College Sarpatipur, Sarai Inayat, Allahabad, a recognized institution under the U.P. Intermediate Education Act, 1921.
Having regard to the nature of order proposed to be passed, it would not be necessary to give facts in detail. Suffice to note that the election of the Committee of Management of the Institution was to be held by authorised controller in pursuance of order dated 15.7.2014 in Writ-C No.35923 of 2014 after finilising the electoral college. In compliance of the said order, the authorised controller requested the Assistant Registrar to provide him with list of general body of the society. In compliance of the said order, the Assistant Registrar finalised the list by order dated 30.1.2016 and sent it to the authorised controller. The authorised controller invited objection from the parties against the said list. At this stage Writ-C No.14788 of 2016 was filed before this Court challenging the order dated 30.1.2016. The said writ petition was disposed of by order dated 4.4.2016 by observing that the order of Assistant Registrar dated 30.1.2016 shall not be treated as final. It shall only be a piece of evidence, to which the parties shall be free to file objections. The electoral college shall be finalised after considering the objections and evidence as may be filed by the parties. In purported compliance of the said order, the authorised controller proceeded to finalise the electoral college by order dated 23.6.2018. Thereafter, fresh election was held on the basis of said list on 4.7.2018, in which respondent no.6 was elected.
In between two writ petitions being Writ-C No. 22552 of 2018 and 24315 of 2018 were filed before this Court. In first writ petition, the relief claimed was for quashing of order dated 23.6.2018 passed by the authorised controller determining the electoral college. In second writ petition, not only order dated 23.6.2018 was challenged but also the election held on 4.7.2018 on basis thereof. Both the writ petitions were dismissed by this Court by order dated 18.9.2018 as not maintainable primarily for the reason that various persons whose membership was sought to be challenged in writ proceedings had not been joined as parties thereto. It was further observed that no order of educational authorities was under challenge, consequently writ petition was not maintainable.
After the election was approved by attesting the signature of respondent no.6, the instant writ petition has been filed.
Sri GK Singh submitted that the authorised controller committed a grave error in finalising the electoral college without deciding the objection filed by the petitioners against the provisional lists. He submitted that direction issued by the Writ Court on 4.4.2016 while deciding Writ- C No.14788 of 2018 laying down the manner in which electoral college was to be finalised, has not at all been followed. Thus, according to him, finalisation of electoral college being illegal consequent election held are also not sustainable in law.
Sri GK Singh, learned counsel for the petitioners, after some argument very fairly accepts that the dispute sought to be raised in the instant petition could be raised before the Regional Level Committee.
Sri Ashok Khare, learned senior counsel for respondent no.6 does not dispute the same. He however, stated that in case dispute is to be referred to the Regional Level Committee, it should not be sent to the Regional Level Committee of Allahabad Region as its Chairperson Smt. Maya Niranjan, Joint Director of Education, is biased against the respondents.
Sri GK Singh has no objection in case the matter is referred to the Regional Level Committee of some adjoining region.
Accordingly, with consent of learned counsel for the parties, without interfering with the impugned order, the writ petition is disposed of by granting liberty to the petitioners to approach the Joint Director of Education of Varanasi Region alongwith a certified copy of this order and a detailed representation and in which event he shall place the dispute before the Regional Level Committee, Varanasi Region for decision in accordance with law, expeditiously, preferably within next three months.
(Manoj Kumar Gupta, J.) Order Date :- 29.10.2018 skv