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Judgment
Rakesh Tiwari, J.—Sri P.N. Sexena, learned Counsel for the petitioner has made a statement at the Bar that Sri Bhagwati Prasad, President of Committee of Management Samajwadi Inter College, Gabhiran, District-Jaunpur has expired.
Sri G.K. Singh appearing for the respondents confirms this fact. Hence on the basis of statement made by the counsel for the parties at the Bar, the petitioner is permitted to delete petitioner No. 3 from the array of the parties.
Heard Sri P.N. Saxena, learned Counsel for the petitioner assisted by Sri Ashok Singh, learned Standing Counsel for respondent Nos. 1 to 3 and Sri G.K. Singh as well as Sri P.N. Tiwari for remaining respondents No. 4, 5 and 6 and perused the record.
This writ petition has been filed against the order dated 6.2.2008 appended as Annexure No. 10 to the writ petition passed by Regional Level Committee, Varanasi Region, Varanasi through the Joint Director of Education Varanasi as its Chairman and for communication dated 12.2.2008 appended as annexure No. 11 to the writ petition by which recognition to the Committee of Management of respondent No. 4 has been accorded by the aforesaid Committee. Before dealing the disputed question of facts, the admitted facts as culled out from the writ petition are recorded.
Admittedly the last election of the institution was held on 22.10.2004 in which Sri Shiv Prasad Singh, respondent No. 6 was elected as president and Sri Bhagwat Prasad Singh as Manager. The term of Committee of Management is three years and one month. The parties have relied upon the provisions for the purpose of the case i.e. period of Committee of Management and the procedure for election which has been given in the scheme of administration appended as annexure No. 1 to the writ petition. The provisions are as under:
izcu/k lfefr dk dk;Zdky& inkf/kdkjh ,oa lfefr ds lnL;ks dk dk;Zdky rhu o"kZ dk gksxk A dk;Z vof/k lekIr gks tkus ij vxys ,d ekg rd gh inkf/kdkjh cus jg ldsxs A ;fn rhu o"kZ ds ckn ,d ekg ds vUnj uo p;fur lfefr dk;ZHkkj xzg.k ugh djrh rks rhu o"kZ ,d ekg ds ckn dkykrhr lfefr dk dk;Zdky Lor% lekIr le>k tk;sxk vkSj lHkkxh; f''k{kk mu funs''kd }kjk euksuhr ,d O;fDr izcU/k lapkyd dk;Zjr ekuk tk;sxk ftls izcU/khdj.k ds iw.kZ vf/kdkj gksxs A ;g izcU/k lapkyu o uo p;fur lfefr dks ''khrk''kh?kz dk;Zjr djk;sxk vkSj ;fn izcU/k lfefr;ksa esa vf/kdkj dk nkok gS rks ftlds i{k esa lEHkkxh; f''k{kk mu funs''kd dk fu.kZ; gks mls dk;Zjr djk;sxk A
pquko izfdz;k& pquko ds fy, lk/kkj.k lHkk dh cSBd izcU/kd ,oa v/;{k feydj cqyk;sxs A cSBd dh uksfVl ij nksuks ds gLrk{kj gksxs A ;fn og ,slk ugh djrs rks lk/kkj.k lHkk ds 1@3 lnL; v/;{k ,oa izcU/kd dks lk/kkj.k lHkk dh cSBd cqykus ds fy, fuosnu djsxs A ;fn bl ij Hkh lk/kkj.k lHkk dh cSBd ugh cqykbZ tkrh rks bldh lwpuk lHkh lnL;ks dks nsdj fujh{kd dh vuqefr ls lk/kkj.k lHkk dh cSBd cqqyk ldsxs A bl ifjfLFkfr esa lnL; vkil essa feydj ,d dks lHkk dk v/;{k cuk;sxs rFkk pquko vkfn dh izfdz;k ,oa frfFk fu/kkZfjr djsxs A
In the election held on 4.10.2007, thereafter Sri Bhagwati Prasad Singh, who is arrayed as petitioner No. 3 in the present writ petition was elected as President of the Committee of Management. It is admitted to the parties that Sri Bhagwati Prasad is no more and as such he has been deleted from the array of the parties under the order of Court today i.e. dated 8.4.2008 by the petitioner. Sri Bhagwati Prasad has sought permission from the DIOS for holding the elections, which was granted by the DIOS on 4.10.2007. Accordingly the election scheduled was published in Newspaper ''Danik Manyawar'' dated 5.10.2007. Notice were sent to all members on 6.10.2007 and nomination papers according to the published programme were filed on 19.10.2007. Thereafter nomination papers thereafter scrutinized on 20.10.2007 and election were held on 21.10.2007.
In the aforesaid elections, Sri Bhagwati Prasad Singh (since deceased) out going Manager of the erstwhile Committee of Management was elected as President. Sri Ram Prasad Singh was elected as Manager and Sri Shiv Prasad Singh, respondent No. 6, who was President in the out going Committee of Management was elected as Vice President. The papers regarding elections were also submitted to the DIOS on 23.10.2007, which were forwarded by him to the Regional Level Committee on 3.11.2007.
At this Stage an objection were filed before the DIOS by the respondent No. 6 in the present writ petition. Upon receipt of the objection, notices were issued by the DIOS on 28.11.2007 to the parties concerned. Another notice dated 7.11.2007 was also appended with the notice dated 28.11.2007/7/12/2007 informing that earlier one notice had already been sent to the Manager. The reply was filed by the out going Manager Sri Bhagwati Prasad as well as by the newly elected Manger Sri Ram Prasad Singh.
The District Inspector of Schools on 14.12.2007 disapproved the election which according to the petitioner had already been forwarded to the Regional Level Committee and pending its consideration. It is also case of the petitioner that the District Inspector of School has no power to disapproved the such election as the matter was already under consideration of the Regional Level Committee without any papers in this regard before him.
It is urged by Sri P.N. Saxena, senior advocate that the DIOS by the order could not have directed the Manager of the erstwhile Manager to hold the fresh election. On 14.12.2007 the term of Committee of Management three years and one month as provided has already come to an end, therefore out going Committee of Management neither could have held election nor such direction could have been issued by the DIOS.
It appears that respondent No. 6 Sri Shiv Prasad Singh is said to have held election on 9.1.2008 and submitted paper before the DIOS which was forwarded by the DIOS to the Regional Level Committee.
At this stage writ petition No. 61333 of 2007 appears to have been filed by respondent No. 6. Aforesaid two elections are pending before the Regional Level Committee. Hence Regional Level Committee either may hear the parties or the petitioner may be heard before approving Committee of Management.
It appears that the question of election of the petitioner was considered by the Regional Level Committee on 6.2.2008 and by the impugned order, Regional Level Committee did not approve the election held by the petitioner as according to the petitioner the same was not done in accordance with scheme of administration. The relevant conclusion of the Regional Level Committee in the impugned order dated 6.2.2008 is as under:
blds i''pkr uoxfBr izcU/k lfefr dks foHkkxh; vuqeU;rk gsrq pquko lEcU/kh i=tkrks ftyk fo|ky; fujh{kd tkSuiqj dks izsf"kr fd;s x;s A Jh jke izlkn flag ds izcU/kdRo esa xfBr izcU/k lfefr ds ckjs foxr izcU/k lfefr ds ckjs foxr izcU/k lfefr ds v/;{k Jh f''ko izlkn flag dks fcuk lwpuk fn;s izcU/k lfefr dk pquko QthZ ,oa euekus ax ls djk fy;k x;k gS] Jh f''ko izlkn flag v/;{k ,oa vU; inkf/kdkjh;ksa dh mifLFkfr ugh jgs A mijksDr pquko dh dk;Zokgh laKku fy;k x;k rks ik;k x;k fd pquko dks vekU; djrs gq, iz''kklu ;kstuk esa nh x;h O;oLFkk ds vuqlkj pquko djkus gsrq funsZ''k fn;k x;k Fkk] ijUrq mldk vuqikyu ugh fd;k cfYd tkyh ,oa dwVjfpr pquko lEiUu djk fy;k ftlls Li"V gS fd Jh jkeizlkn flag us iz''kklu ;kstuk esa nh x;h O;oLFkk ds vuqlkj pquko u djk dj QthZ ,oa euekusa ax ls ek= dkxth dk;Zokgh dh x;h gS A
vLrq mijksDr rF;ks ds vkyksd esa Jh jke izlkn flag ds izcU/kdRo esa xfBr izcU/k lfefr pquko dh dk;Zokgh voS/k ,oa ''kwU; gksus ds dkj.k ekU; djus ;ksX; ugh gS A
fu.kZ;
leh{kk esa of.kZr rF;ksa ds vk/kkj ij e.Myh; lfefr loZlEefr ls ;g fu.kZ; ysrh gS fd lektoknh b.Vj dkyst xfHkju tkSuiqj esa fnukad 21-10-07 dks Jh jke izlkn flag ds izcU/kdRo esa xfBr izcU/k lfefr dk pquko la''kks/kr iz''kklu ;kstuk es fofgr izkfo/kkuks ds vuqlkj u gksus ds dkj.k vekU; fd;k tkrk gS A
Learned Counsel for the petitioner has assailed the impugned order aforesaid on the ground that neither the documents nor the evidence is discussed in the impugned order and bald conclusion has been drawn for disapproving the election of the petitioner.
It appears that the Joint Director of Education thereafter by his order dated 12.2.2008 appended as annexure No. 11 to the writ petition accorded approval to the Committee of Management, which is also impugned by the petitioner in the writ petition.
Sr G.K. Singh and Sri P.N. Tripathi, learned Counsel for the respondents do not dispute that the term of Committee of Management is three years and one month as provided in the scheme of administration but relying upon the provision of scheme of administration quoted above in this judgment. He states that it is submitted on behalf of respondents that the meeting of election was to be called jointly by the President and the Manager of the erstwhile Committee of Management for holding fresh election and that in the instant case Sri Bhagwat Prasad Singh erstwhile Manager of Committee of Management had called in the meeting for holding fresh election under his signature without any notice and knowledge to the president of the Committee of Management to the petitioner. Hence the meeting is null and void.
It is further submitted that the provisions pertaining to the period of term of the Committee of Management does not contemplate any vacuum for the reason that it provides that if fresh elections are not held within a period of term of Committee of Management i.e. three years and one month, then in that case appointment of Prabandh Sanchalak, who will be deemed to vest power for managing the Committee of Management and he exercise those powers will take steps for holding fresh election. Thereafter if any dispute arises out in respect of the election of the Committee of Management, then in that case the Joint Director of Education will given decision and the Authorised Controller will ensure power of transfer in whose favour Joint Director of Education has decided the matter. According to the respondents the election proceedings had started in time and as such it cannot be said that the election held by respondent No. 6 were not in accordance with scheme of administration. Hence according to learned Counsel for the respondents the Regional Level Committee has rightly approved the election of the Committee of Management.
Sri G.K. Singh has relied upon paragraph 9, 10 and 19 of the judgment rendered by this Court in 1997 (1) UPLBESR 386 Alld, Sukh Nandan Inter College, Math Mohammadpur through its Manager Deepan Singh Chauhan and Anr. v. State of U.P. and Ors. connected with Hirday Narain Chaubey v. the District Inspector of Schools and Ors. wherein it has been held that according to the provisions contained in the scheme of administration approved for running and managing the college in question, tenure of three years and one month was provided and on an expiry whereof the office bearers could continue as such only for next one month whereafter they were ceased to hold the office and persons nominated by the Regional Deputy Director of Education as the Prabandh Sanchalak shall be deemed to have taken over charge of the office of the Committee of Management with all rights vesting in a Committee of Management. The Prabandh Sanchalak shall put in office a newly elected Committee of Management at the earliest and in case of a dispute between rival Committee of Management he will act in accordance with the decision of the aforesaid nominating authority and will install in office that Committee of Management which is recognised under the judgment and order phased by the Regional Deputy Director of Education.
The provisions under consideration of the Court in the aforesaid case is some what similar to the provision contained in scheme of administration. After discussion the facts of paragraph 10, the Court in paragraph 19 held that on the facts and circumstances brought on record the proceedings for the elections were initiated within time by the out going Committee of Management but as the elections were not found to be in accordance with law and the outgoing Committee was required by the District Inspector of School to proceed afresh and ultimately the outgoing Committee had held the election on 4.9.1996. After noting that even according to the provisions contained in the scheme of administration approved in the college, the election should have taken place on 2.6.1996 and as the out going Committee of Management has held election on 4.9.1996 subsequent to the issuance of letter dated 22.6.1996, the DIOS refusing to recognize the earlier election held on 2.5.1996. Hence the ratio of the decision of this Court in the case of Committee of Management of Janta Inter College v. Deputy Director of Education C.M. writ petition No. 36146 of 1995 decided on 26.8.1996 clearly stands attracted.
The second judgment has relied upon by Sri G.K. Singh in support of his case is 1997.
The second judgment relied upon by Sri G.K. Singh in support of his case is 1997 (1) AWC 76 Navin Kumar Singh v. District Inspector of Schools wherein it has been held that if old Committee allowed to conduct elections within reasonable time, the elections were not invalid and writ petition was dismissed.
Rajendra Singh Vs. State of U.P. and Others, In that case the Court held that term of Committee of Management under the Scheme of Administration can be extended by the Deputy Director of Education for limited purpose in very exceptional and rare circumstances for few months. In that case, provision of Section 16(A) of the U.P. Intermediate Education, Act 1921 were being considered by the Court. The court held that since the term of Committee of Management four years is expired on 24.6.2001, it cannot continue thereafter and cannot hold election. Hence issued direction to the Joint Director of Education to forthwith depute some officer to function in place of Committee of Management until regular elections are held by him within four months positively.
Reliance has also been placed by the learned Counsel for the petitioner Committee of Management, Shukhpura Inter College and Another Vs. Alleged Committee of Management, Shukhpura Inter College and Others, wherein it has been held that term of Committee of Management is three years and one month. Hence any election after expiry of this term would be invalid and there can be no extension of this term. The Court then directed to hold fresh election after appointment of Prabandh Sanchalak.
After hearing learned Counsel for the parties and giving serious thought to the admitted facts as well as disputed fact and the law settle by the counsels, I am of the considered opinion that under the Scheme of Administration provides that a term of Committee of Management is three years and month. Thereafter Authorized Controller is to be appointed and election cannot be held by any one thereafter i.e. either by the erstwhile committee of Management or any person.
The contention of Sri G.K Singh that since election proceedings had been initiated within time and election had been held by respondent No. 6 on 9.1.2008 are valid and may be disturbed by the Court which has approved by the DIOS has no force for the reason that on the one hand it is contended that the election proceedings initiated by the petitioner under the signatures of the Manager Late B.P. Singh have not been accepted by the respondents. Hence they can not rely upon initiation of election proceedings as admittedly any election held after expiry of term would be invalid and the election of the petitioner having being held on 9.1.2008 would therefore also be invalid. Only in rare case term of Committee of Management can be extended by the Joint Director of Education. Admittedly the election of the petitioner and the election of respondent No. 6 are not in consonance with the Scheme of Administration. Instead of permitting the respondent to initiate proceedings for fresh election, the District Inspector of schools was to appoint a Prabandh Sanchalal as provided in the Scheme of Administration.
It is settled law that Committee of Management cannot hold election beyond its term if the scheme of administration does not so provide. In the instant case Scheme of Administration provides that term of Committee of management is three years and thereafter elections have to be held in one month thereafter.
In view of the facts that election by none of the said Committees of Management of the petitioner or the respondents have been held in accordance with law for the reason that the election of the petitioner has already been disapproved and the election of the respondent No. 6 has been found to have not been held in accordance with law. Direction is, therefore issued to the Joint Director of Education to appoint Pranbandh Sanchalak for holding fresh election in accordance with law within a period of six weeks from the date of production of certified copy of this order.
It is further provided that in case any party is aggrieved by the election result, they move to the Civil Court.
The writ petition is allowed and impugned order is quashed with aforesaid direction. No order as to costs.