Allahabad High Court
Chhotey Lal Katiyar & Others vs State Of U.P. & Others on 5 August, 2010
Author: F.I. Rebello
Bench: Ferdino Inacio Rebello, Amreshwar Pratap Sahi
Chief Justice's Court Case :- SPECIAL APPEAL No. - 1226 of 2010 Petitioner :- Chhotey Lal Katiyar & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Yogish Kumar Saxena Respondent Counsel :- C.S.C.,Bhawna Verma,S.R.Verma Hon'ble Ferdino Inacio Rebello,Chief Justice Hon'ble Amreshwar Pratap Sahi,J.
Heard learned counsel for the parties.
This appeal arises out of an order dated 23.07.2010 passed in Civil Misc. Writ Petition No.42722 of 2010, whereby the learned Single Judge has dismissed the petition filed by the appellants (original petitioners) on the ground that it will not be appropriate to interfere with the order of the District Inspector of Schools at this stage, and the appellants before us may challenge the order determining the list of members entitled to participate in the elections before the appropriate authority after the election is held and result is declared.
The dispute relates to the election of a Committee of Management of an Intermediate College which is governed by the provisions of the U.P. Intermediate Education Act and the Scheme of Administration framed thereunder. The contention of the appellant is that the District Inspector of Schools, while passing the order impugned in the writ petition dated 09.07.2010, has altered the list of members entitled to participate for holding the elections of the Committee of Management on an erroneous assumption. It is submitted that the District Inspector of Schools has only included 26 trustees as members and has not allowed the other category of members to participate in the elections. He further submits that the election should be held permitting all categories of the members to vote. On the basis of the aforesaid submissions, the order impugned in the writ petition as also the order of Learned Single Judge are liable to be quashed and the elections be held on the basis of the list of members, submitted by the appellants herein.
Learned counsel for the respondents, on the other hand, contends that the electoral college, which is relied on by the appellants herein, is not the correct electoral college, inasmuch as the past elections of Committee of Management of the Institution were held from amongst the list of trustee members only, and therefore, the induction of new members to participate in the election of members is contrary to the Scheme of Administration.
We have perused the records and the Scheme of Administration of the Institution, which is approved by the competent authority and makes provisions for participation of all the members of the parent society in the elections of the Committee of Management of the Institution. There is no amendment in the Scheme of Administration and the appellants have invited the attention of the Court to the membership list that has been filed before the Registrar. The same includes trustee members, life members as also the other category of members. It indicates that there are 26 trustee members, 32 life members and 26 general members. The respondent no. 4 alleges the existence of only 21 trustee members. However, the District Inspector of Schools has permitted 26 members to participate in the elections under the order dated 9th July, 2010.
The learned Single Judge has permitted the petitioners - appellants to raise objections after the elections are held. Learned counsel contends that this would be negating the right of all the members who are entitled to participate in the elections and the same would be a mere formality. The District Inspector of Schools has adjourned the holding of the elections for 16th August, 2010.
At this stage, we find it expedient to allow all the members as indicated by the petitioners - appellants to proceed in the elections. However, in order to protect the interest of the contesting respondents, we leave the question of objections with regard to participation of such members to be raised before the concerned authority who will proceed to determine the correctness or otherwise of the election proceedings. The District Inspector of Schools shall therefore issue necessary instructions for the participation of such members in the elections to be held on 16th August, 2010.
The Election Officer shall accordingly comply with the same. After the elections are over and the results are declared, the documents pertaining to the elections shall be forwarded to the District Inspector of Schools who shall place it before the competent authority under the Government Order dated 19.12.2000 for deciding the objections, if any. In this respect the appellants and the respondents shall be at liberty to raise their objections before the District Inspector of Schools and the authority proceeding to decide the dispute shall recognize the elections only after such decision is rendered on the objections. The same shall be disposed of within a month from the date of completion of elections upon giving opportunity to the concerned parties. The elections shall thereafter be granted formal recognition, if necessary and found to be valid. To this course of action, learned counsel for the parties do not have any objection.
Accordingly, with the above observations and directions, the appeal stands disposed of.
Order Date :- 5.8.2010 VMA (F.I. Rebello, C.J.) (A.P. Sahi, J.)