Bhupendra Singh vs State of U.P.and Others

Arun Tandon, J.

This intra Court appeal is directed against the interim order passed by the learned Single Judge dated 13.10.2008 in Writ Petition No. 45613 of 2008.

The parties agree that the special appeal as well as the writ petition may be disposed of at this stage without calling for any further affidavit, specifically in view of the order proposed to be passed today.

With the consent of the parties the records of the Writ Petition No. 45613 of 2008 were called for by this Court and the same has been taken on board.

Janta Inter College, Mukarpuri, Bijnore (hereinafter referred to as ''institution'') is an aided and recognized Intermediate College. The said institution is run and managed in accordance with the approved Scheme of Administration.

Elections for constituting the Committee of Management of the institution were directed to be held by an Authorized Controller under an order passed by the Court in Writ Petition No. 18372 of 2005. When the election process were initiated, a writ petition was filed before this Court by one Bhupendra Singh raising a grievance against the Authorized Controller appointed in the institution namely Sri Kunan Singh Rawat. The writ Court by means of the order dated 07th May, 2008 directed that the elections as per the schedule may take place but Sri Kundan Singh Rawat shall not participate or associate himself with the remaining election process. The election process was accordingly completed. However, one Sri Naresh Kumar and Manish Ahalawat thereafter filed another Writ Petition No. 23962 of 2008 challenging the order 30.04.2008, whereby the Prabandh Sanchalak had finalized the electoral college. The writ petition so filed was dismissed with the following directions:

"Admittedly, now the election has been held and the matter is pending consideration before the Regional Level Committee. Thus, the writ petition has become infructuous and is dismissed as such.

However, it is expected that the Regional Level Committee shall pass a reasoned and speaking order on the validity of election held on 15.05.2008. Thereafter, if any dispute arises regarding validity of membership, the petitioner may challenge the same by filing a suit before the Civil Court."

Subsequent to the order so passed by the High Court, the Regional Level Committee examined the legality of the elections held and vide order dated 18.06.2008 upheld the elections and decided that the signatures of the elected Manager be attested. Accordingly, the Joint Director of Education vide order dated 20.06.2008 directed the District Inspector of Schools to attest the signatures of the Manager.

Against the order so passed, another writ petition was filed by Sri Bhupendra Singh, being Writ Petition No. 30487 of 2008. In the said writ petition an interim order was granted whereby the operation of the order dated 20th June, 2008 was kept in abeyance. While the aforesaid interim order was in operation it appears that the Regional Joint Director of Education himself proceeded to pass a fresh order on 23rd August, 2008, whereby he recalled the earlier order of the Regional Level Committee dated 18th June, 2008 whereby recognition was granted to the elections dated 15.05.2008.

This led to the filing of another Writ Petition No. 45613 of 2008. In the said writ petition an interim order was granted on 03rd September, 2008 against which a special appeal was filed by Sri Bhupendra Singh, being Special Appeal No. 1209 of 2008. The appeal was allowed and the interim order granted on 03rd September, 2008 was set aside on the ground that it did not contain any reason.

The interim matter was again heard by the learned Single Judge a fresh and by means of interim order dated 13th October, 2008 the learned Single Judge has been pleased to stay the operation of the order dated 23.08.2008 passed by the Regional Joint Director of Education. It is against this order that this special appeal has been filed.

In order to keep the record straight, we may record that the Writ Petition No. 30487 of 2008, wherein the order dated 12.08.2008 was passed, has since been dismissed as infructuous.

On behalf of Sri Bhupendra Singh, appellant before us, it is contended that the learned Single Judge was not justified in granting interim order in favour of writ petitioner specifically in view of the fact that against the elections, which where held on 15.05.2008, objections were filed by Bhupendra Singh along with Jaipal Singh and such objections despite being on record had not been taken into consideration by the learned Single Judge while passing the impugned order. He submits that because of the stay of the order dated 23.08.2008, an illegal order, whereby recognition was granted to the elections held on 15.05.2008, has come into operation and, therefore, he submits that appellate court may interfere in the matter and set aside the interim order so granted. He further contends that in the facts of the case the writ petition, which was filed against the order of the Regional Joint Director of Education, be dismissed.

The contention so raised on behalf of the appellant is opposed by Sri Ashok Khare, Senior Advocate assisted by Sri K.M. Asthana and it is contended that in fact objections were filed by Sri Jaipal Singh alone, who was earlier manager. He has not approached this Court qua nonconsideration of his objection. Sri Bhupendra Singh was not the person who objected to the electoral college, therefore, at his behest the present appeal may not be entertained. Even otherwise it is contended that only objection raised in respect of the elections dated 15.05.2008 is that Sri Kundan Singh Rawat has participated in the process of election despite information of the interim order of this Court, referred to above. He submits that in the facts of the case the order dated 23.08.2008 passed by Regional Joint Director of Education proceeds on the presumption that the objections filed by Sri Jaipal Singh, Naresh Kumar and Manish Ahalawat have not been considered at the time of passing of the earlier order of approval dated 18.06.2008 as also on the ground that participation of Sri Kundan Singh Rawat in the election was illegal, and no other reason have been mentioned for coming to a conclusion that the elections held on 15.05.2008 were illegal or contrary to the Scheme of Administration in any manner. He points out that elections have been held by the Authorized Controller appointed under the order of this Court and therefore such elections do not call for any interference on such technicalities as have been noticed in the order of the Joint Director of Education dated 23.08.2008.

We have considered the submissions and perused the records.

From the records of the present writ petition we find that interim order, restraining Sri Kundan Singh Rawat from participating in the process of election from the stage it has already reached, was passed by this Court on 07th May, 2008. Up to that date the electoral college had already been notified and therefore only voting had to take place. In such circumstances, even without entering into the controversy as to whether Sri Kundan Singh Rawat had participated in the process of election subsequent to order dated 07.05.2008 or not, we find that such objection is too technical for upsetting the elections held by the Authorized Controller.

In such circumstances, we upset the finding of the Joint Director of Education that participation of Kundan Singh Rawat in the remaining process of election subsequent to the date of interim order would in any way vitiate the elections of the Committee of Management.

So far as the other ground for upsetting the elections i.e. objection filed by Sri Jaipal Singh, Naresh Kumar and Manish Ahalawat were not brought to the notice of the Regional Level Committee is concerned, we may record that none of the person mentioned in the impugned order have approached the writ court for challenging the order, which was earlier passed granting recognition to the elections dated 05.05.2008, nor the present appeal has been preferred on their behest.

At this stage of the proceedings it has vehemently been contended by the counsel appearing for the appellant that the objection filed by Sri Jaipal Singh were also signed by Bhupendra Singh in support whereof an affidavit has been filed enclosing a photostat copy of the objections dated 20.05.2008, which include various objections with regard to electoral college determined by the Authorized Controller.

Prima facie we are of the view that if such objections in fact have been filed and signed by Sri Bhupendra Singh along with Sri Jaipal Singh, they did need examination by the Regional Level Committee before recognition of the elections dated 15.05.2008.

From the order dated 18th June, 2008 we find that there has been no consideration of the objections of any private party. However, issue still remains as to whether Sri Bhupendra Singh had signed the objections or not. We again reiterate that Sri Jaipal Singh, Naresh Kumar and Manish Ahalawat have not approached this Court against the recognition granted by the Regional Level Committee to the elections held on 15.05.2008 nor they have filed the present special appeal. We think that interest of substantial justice would be served by providing as under:

(a) If the objections dated 20.05.2008 enclosed along with the supplementary affidavit in fact have been signed by Sri Bhupendra Singh also, then the Regional Level Committee may proceed to consider the objections in respect of the elections held on 15.05.2008 afresh after affording opportunity of hearing to the parties concerned, by means of a reasoned speaking order, preferably within two months from the date a certified copy of this order is filed before him.

In case such objections have not been so filed by Sri Bhupendra Singh, no further action is required to be taken by the Regional Level Committee and the order dated 18.06.2008 shall be given effect to subject to the rights of the parties to challenge the order dated 18.06.2008 by way of civil suit.

Till fresh orders are passed by the Regional Level Committee, the Committee of Management in effective control of the institution as of date shall continue to manage the institution and their continuance shall abide by the orders to be passed by the Regional Level Committee, as indicated above.

In view of the aforesaid the order dated 23.08.2008 is hereby quashed. Special appeal as well as writ petition is disposed of.

We may clarify that if any issue has been concluded under any judgment of this Court, such issue shall not be reopened by the Regional Level Committee.