Allahabad High Court
Kamla Singh & Ors. vs State Of U.P. & Others on 2 February, 2010
Author: Dilip Gupta
Bench: Dilip Gupta
Court No. - 39 Case :- WRIT - C No. - 5186 of 2010 Petitioner :- Kamla Singh & Ors. Respondent :- State Of U.P. & Others Petitioner Counsel :- Siddharth Khare,Ashok Khare Respondent Counsel :- C.S.C.,H.K. Singh Hon'ble Dilip Gupta,J.
The petitioners have sought the quashing of the order dated 15th January, 2010 passed by the Deputy District Magistrate, Rasra, Ballia by which the elections of the Committee of Management of the College have been notified pursuant to the directions issued by this Court in Special Appeal No.(1318) of 2009.
The records indicate that earlier, by the judgment and order dated 18th September, 2009 passed in Writ Petition Nos. 48985 of 2009 and 33810 of 2006, the Authorised Controller was directed to ensure that fresh elections of the Committee of Management are held expeditiously, preferably within a period of three months.
In Writ Petition No.59056 of 2009, the order dated 22nd October, 2009 passed by the Joint Director of Education changing the Authorised Controller who was required to hold the elections was challenged against which Special Appeal No.(1318) of 2009 was filed in which following order was passed:-
"Appellant, aggrieved by the order dated 6th November, 2009 passed by a learned Single Judge in Civil Misc. Writ Petition No.59056 of 2009, has preferred this Special Appeal under Rule 5, Chapter VIII of the High Court Rules.
While disposing of Civil Misc. Writ Petition Nos. 48985 of 2009 and 34810 of 2006, this Court directed the Authorised Controller to ensure that fresh elections of the Committee of Management of the Janta Inter College, Nagra, Ballia be held within a period of three months from the date the certified copy of the order is produced before the Authorised Controller. At the time when the said order was passed, the Finance and Accounts Officer (Secondary Education), Ballia was the Authorised Controller who later on by order dated 22nd October, 2009 was replaced by the Principal, Government Inter College, Ballia.
Mr. Indra Raj Singh, learned counsel for the appellant as also Mr. Ashok Khare, learned Senior Counsel appearing on behalf of respondent No.1 agree that instead of the Principal, Government Inter College, Ballia, the Deputy District Magistrate, Rasra, District Ballia be appointed as the Authorised Controller for conducting the elections.
In view of the aforesaid, we direct that the Deputy District Magistrate, Rasra, District Ballia be appointed as the Authorised Controller to conduct the elections of the Committee of Management in question.
The Deputy District Magistrate, Rasra, District Ballia shall complete the process of elections by 28th February, 2010. All other functions except the functions relating to conduct and holding of elections shall be performed by the Authorised Controller already appointed.
Mr. M.S. Pipersenia, learned Standing Counsel for the State shall communicate this order to the Deputy District Magistrate, Rasra, District Ballia.
The Special Appeal stands disposed of with the observations aforesaid.
Copy of this order be given to the learned Standing Counsel."
The Authorised Controller has now notified the election schedule by the order dated 15th January, 2010 and 10th February, 2010 has been fixed for filing of nomination papers and the election is to be held on 11th February, 2010.
It is the contention of Sri Ashok Khare, learned Senior Counsel for the petitioners that the electoral college which has been mentioned in the notification dated 15th January, 2010 consisting of 20 members is not valid inasmuch as the names of some persons have been included who have not been found to be members by the Assistant Registrar. A dispute has also been raised with regard to five members, which dispute was also involved in Writ Petition No.48985 of 2009 and 33810 of 2006 which were disposed of by the Court by judgment and order dated 18th September, 2009.
Sri H.K. Singh, learned counsel appearing for respondent no.8 has, however, submitted that the General Body of the Society is different from the General Body of the Institution and in any case once the election schedule has been notified, the Court should not interfere with the election process.
The elections are being held pursuant to the directions issued by this Court. The election notification has been issued by the order dated 15th January, 2010. It would, therefore, not be appropriate for this Court to interfere with the election process at this stage. Whatever objections regarding the electoral college that have been raised in the present petition can be raised by the petitioners before the appropriate authority after the result of the election is declared.
The Court, therefore, declines to entertain this petition. It is, accordingly, dismissed.
Order Date :- 2.2.2010 GS