Committee of Management, Kishan Sahai Gokul Chand Inter College and Others and Chandra Bhan Sharma vs State of U.P. and Others

We have heard Shri Shailendra, learned Counsel for the appellants. Learned Standing Counsel for the State respondents; Shri S.P. Singh appears for the respondent No. 7.

These special appeals arise out of judgment dated 8.5.2007 in Writ Petition No. 17749 of 2007 by which learned Single Judge has allowed the writ petition and has quashed the orders passed by the Regional Level Committee dated 24th March, 2007, in so far as it has given approval to the initiation of the election proceedings under a requisition meeting dated 5th October, 2005, and the elections held on 12th November, 2005. He has thereafter given directions to the Regional Joint Director of Education to appoint a Prabandh Sanchalak and hold fresh elections.

Learned Single Judge has observed that at the fag end of the term of the elected Committee of Management the President and Manager parted company. Both of them set up their own elections and submitted papers for approval. After going through the respective submissions, it was found by the learned Single Judge that the election programme was published showing 340 members, which included 116 new members enrolled in the meeting dated 5th October, 2005. Before induction of this 116 members on 20th August, 2005 there were only 224 members in the general body. The election meeting was not requisitioned by requisite numbers namely 10% of the total membership. Only 15 members of the general body had requested to convene election meeting. It was found that induction of 116 new members as suggested by respondent Nos. 6 and 7 in the writ petition in the requisition meeting dated 5th October, 2005 was not in accordance with the approved scheme of administration. The induction of such large number of members at the time of finalisation of election programme creates a doubt about the validity of the membership of the new members.

Shri Shailendra, learned Counsel for the petitioner-appellant submits that the membership fee of new members was accepted by the Treasurer of the Committee of Management in accordance with the Scheme of Administration. The fee was deposited with her till the membership were accepted. Since no meeting was convened in between the request for membership could not be considered.

It is submitted by Shri Shailendra that learned Single Judge has not appreciated the full facts of the case. The judgment suffers from gross errors of fact and law. The judgment was stayed by this Court on 1.6.2007, in pursuance to which elected committee of management of which Shri Raj Kumar Sharma is the Manager continued and has held fresh elections in the year 2008 with the permission of the District Inspector of Schools. He would submit that the appellants are managing the affairs of the institution without any break and are now managing institution in pursuance to the election held in the year 2008 for a period of three years.

The elections held in the year 2008 were challenged in Writ Petition No. 53004 of 2008 Committee of Management v. State of U.P. and Ors. Learned Single Judge hearing the writ petition on 15.10.2008 rejected the writ petition on the ground that the District Inspector of Schools passed order on 28.9.2008 permitting outgoing management to hold elections subject to the decision of the special appeal (Special Appeal No. 754 of 2007).

Shri Shailendra submits that now since the fresh elections have been held, the reliefs claimed in the Special Appeal No. 754 of 2007 have virtually become infructuous. We do not agree.

We have gone through the judgment of the learned Single Judge and do not find any error of fact or in law in the conclusions arrived at by him. He has given reasons, which were sufficient to set aside the elections. According to learned Single Judge the induction of large number of members namely 116 few days before holding elections for which it is stated that money was deposited in the year 2004, creates serious doubts on their membership. If these persons are not treated to be members of general body, the number of members, who convened the election meeting was less than requisite majority i.e. 22.4 or 22 as there were 224 members in the general body. The requisition was made by total number of 15 members. The District Inspector of Schools did not approve the appointment of election officer. The reasons for which gave approval 15 days thereafter were not brought on record. No reason was given as to why President himself could not convene the meeting. The requisition did not satisfy the requirement of Clause 5(6) of the amended Scheme of Administration In the meeting convened to hold elections, no new members could be enrolled changing the entire composition of general body.

The special appeal No. 754 of 2007 is dismissed. The directions issued by the learned Single Judge to hold fresh elections will be carried out.

Since the elections held in the year 2008 were subject to the orders passed in the special appeal, the elections held on 8th November, 2008 also cannot be treated to be valid.

In view of the orders passed as above, the special appeal Nos. 959 of 2007 and 779 of 2007 are also disposed of accordingly.