Committee of Management, Bhawani Shanker Inter College and Another vs State of U.P. and Others

Rakesh Tiwari, J.—Heard counsel for the Petitioner and the standing counsel.

Bhawani Shanker Inter College, Sadar Sarail, NOIDA, Gautam Budh Nagar is a recognized institution. The term of the committee of management is three years under Clause 8 of the Scheme of Administration, which specifies that in case fresh election is not held within one month after expiry of the term, then in that event the Joint Director of Education shall appoint a Prabandh Sanchalak for holding fresh elections.

The Petitioner claims himself to be founder member of the general body. The election of committee of management took place on 12.4.2000, in which Sri Dharmvir Singh and the Petitioner No. 2 were elected as President and Manager respectively and the election was thereafter approved by the educational authorities. After expiry of earlier term, fresh elections of the committee of management were held on 29.4.2003 wherein Sri Dharmvir Singh and Petitioner No. 2 were again elected as President and Manager respectively. It appears that by order dated 7.10.2003, the Joint Director of Education appointed a Prabandh Sanchalak as elections of the erstwhile committee of management had not been held within the time specified under Clause 8 of the Scheme of Administration.

Aggrieved by order dated 7.10.2003, the Petitioner filed Writ Petition No. 56104 of 2003 challenging the validity and correctness of the order dated 7.10.2003. The aforesaid writ petition was disposed of by order dated 29.11.2004 by the following order:

On behalf of the Petitioner it is contended that the order dated 7.10.2003 is patently illegal and without jurisdiction. The said order has been passed without notice and without affording opportunity of hearing to the Petitioner (reference paragraph 12 of the writ petition). In view of uncontroverted allegations made in the writ petition the order dated 7.10.2003 is established to have been passed without notice and without opportunity of hearing to the Petitioner and as such is in violation of the principles of natural justice. Even otherwise in view of the Government Order dated 19.12.2000 the proceedings of the election are necessarily to be transmitted through the office of the District Inspector of Schools to the Regional Level Committee of which the Regional Joint Director of Education is the Chairman. It is only the Regional Level Committee which is to decide the issue as to whether the elections held are legal or not. After the Regional Level committee accords approval to the elections, the elected office bearers are entitled to be put in control of the institution. The Regional Joint Director of Education cannot take any decision with regard to the election of a recognized Intermediate College (reference Civil Misc. Writ Petition No. 6971 of 2004, Naseem Ahmad and Ors. v. D.I.O.S. Meerut and others).

In such circumstances, the order passed by the Regional Joint Director of Education is without jurisdiction and in violation of principles of natural justice and is hereby quashed. It is directed that the relevant record pertaining to the elections of the committee of management dated 29.4.2003 shall be transmitted alongwith the report of D.I.O.S. to the office of Regional Joint Director of Education who shall in turn place the same before the Regional Level Committee. The Regional Level Committee shall decide the legality or otherwise of the elections after affording opportunity of hearing to the parties concerned after forwarding the report of the D.I.O.S. dated 30.8.2003 to the Petitioner. The Regional Level Committee shall pass a reasoned speaking order. The entire exercise shall be completed within two months from the date a certified copy of this order is produced before the Regional Joint Director of Education. If the Regional Level Committee upholds the legality of the elections, the Regional Joint Director of Education shall ensure that the charge of the institution is handed over to the legally elected committee of management immediately. With the aforesaid directions, the petition is allowed.

In pursuance of the aforesaid order, the D.I.O.S., Gautam Budh Nagar submitted his report dated 11.1.2005 to the Joint Director of Education. The Regional Level Committee by its decision dated 17.5.2005 recognised the elections dated 29.4.2004 and accordingly signatures of office bearers of the Petitioner''s committee of management were attested by the D.I.O.S.

Respondent No. 4 thereafter filed Writ Petition No. 18417 of 2003 challenging the order passed by the Regional Level Committee. The aforesaid writ petition was disposed of on 3.5.2005 by directing the Petitioner to make a representation to the concerned authority, who was also directed to decide the representation of the Petitioner within two months from the date of submission of copy of the order.

It appears from the record that Respondent No. 4 Rati Ram Singh had claimed that the voter list from which the election is said to have been held, was incorrect as it did not contain his name though he was a member of the general body.

It further appears that another Writ Petition No. 27573 of 2006 was filed by the Petitioner which was also disposed of by the Court vide order dated 18.5.2005 directing to hold fresh elections of the committee of management by the Prabandh Sanchalak appointed by the Joint Director within a period of two months. The Joint Director of Education appointed Prabandh Sanchalak for holding fresh elections which were conducted on 4.2.2007 and the Petitioner No. 2 is said to have been elected as Manager of the committee of management. It appears that Respondent No. 4 Rati Ram Singh and one Rishipal Singh had filed objections against the membership but their objections were finalised and the Regional Level Committee also granted approval to this election.

The aforesaid elections were again challenged by Respondent No. 4 Rati Ram Singh by filing Writ Petition No. 18911 of 2007 which has been disposed of by judgment and order dated 12.4.2007 appended as Annexure-18 to the writ petition, directing the Regional Level Committee to decide the matter afresh.

Pursuant to the aforsaid direction, the Regional Level Committee by its order dated 24.9.2007 has appointed Prabandh Sanchalak for holding fresh elections. Aggrieved by this order, the Petitioner has come up in this writ petition on the ground that it is already an elected committee whose elections have been approved and signatures have been attested.

It is contended by the counsel for Petitioner that the Petitioner''s committee of management is in office as such the order of the Regional Level Committee for holding fresh elections is invalid. It is also invalid on the ground that subsequent to the order of this Court, the Joint Director of Education had instituted a enquiry in the matter of membership but copy of the enquiry report was not supplied to the Petitioner, therefore, it is against the principles of natural justice. It is also submitted that the Joint Director of Education had heard the matter himself pursuant to the direction of this Court dated 12.4.2007, as such the Regional Level Committee could not have ordered for appointing Prabandh Sanchalak for holding fresh elections.

At the time of admission, considering averments made in paragraph 45 of the writ petition, the Court passed the following interim order on 30.10.2007:

In paragraph 45 of the writ petition, the allegation of the Petitioners is that only one member of the Regional Committee has heard the matter and not by the Committee constituted by three members and, therefore, the order is vitiated.

Learned standing counsel is directed to produce the record of the regional level committee.

List on 14.11.2007.

As an interim measure, let election process may go on but till the date of listing, election may not be held.

After hearing counsel for the Petitioner, the standing counsel and perusing the record, it is apparent that the Court had disposed of Writ Petition No. 18911 of 2007 by judgment and order dated 12.4.2007 remanding the matter to the Regional Level Committee to examine the legality of the elections dated 4.2.2007 including the legality of the electoral college which constituted the Committee of Management.

It is settled law that once election process has started, it should not be interfered with. Let the election result be declared and if the Petitioner is aggrieved by it, then he may file a suit challenging validity of the election as such disputed questions of fact as to whether some members who claim to be members of the general body are in fact member of it or not, cannot be decided by this Court in exercise of the writ jurisdiction as they require oral and documentary evidence. In my opinion, since the election process has already been initiated by the Prabandh Sanchalak pursuant to the order passed by this Court, it should not be interfered with. In view of the fact that election process has been initiated, this Court declines to interfere in the matter.

The petition is accordingly dismissed.