Allahabad High Court
Committee Of Management Adarsh Shiksha ... vs State Of U.P. And Ors. on 23 July, 2004
Equivalent citations: 2004(4)AWC2863B
Author: Arun Tandon
Bench: Arun Tandon
JUDGMENT Arun Tandon, J.
1. The alleged Committee of Management of Adarsh Shiksha Samiti Dharwara, Allahabad through its Manager Sri Rajesh Chandra Tiwari has approached this Court by means of the present writ petition for quashing the order dated 31st January, 2004, passed by the Assistant Registrar, Firms, Societies and Chits, whereby on the asking of the District Inspector of Schools, Allahabad he has finalised the electoral college for constituting the Committee of Management of Lal Bahadur Shastrl Inter College, Dharwara.
2. I have heard Sri A. P. Sahi on behalf of the petitioner and Sri Shashi Nandan. senior advocate, assisted by Sri M. C. Tiwari on behalf of the respondent No. 6. standing counsel on behalf of respondent Nos. 1 to 4, Nobody has put in appearance on behalf of the respondent No. 5.
3. The relevant facts giving rise to the present writ petition are that under order of this Court dated 10th September, 2003, passed in Writ Petition No. 39968 of 2003, the Regional Joint Director of Education was directed to appoint Prabandh Sanchalak and to get fresh elections of the Committee of Management held within one month. Against the said order. Special Appeal No. 922 of 2003 was filed by another alleged Committee of Management with Sri Kamla Kant Tripathi as Manager. The Division Bench of this Court, while deciding the special appeal, modified the order of the single Judge and directed that the fresh elections of the Committee of Management should be held by a person other than Prabandh Sanchalak or District Inspector of Schools.
4. In compliance of the order passed by this Court, referred to above, the then Regional Joint Director of Education (Basic) was appointed as Election Officer. The Election Officer, for the purposes of carrying out the directions of this Court and to hold fresh elections of the Committee of Management called for a list of valid members of the general body from the office of District Inspector of Schools. The District Inspector of Schools in turn vide letter dated 18.10.2003 requested the Assistant Registrar, Firms, Societies and Chits to forward the list of valid members of the general body so that in compliance of the order of this Court fresh elections for constituting the Committee of Management may take place. The Assistant Registrar for the purposes of finalising the list of the members of general body issued notices to the parties concerned on 16.1.2004.
5. In pursuance of the aforesaid notices, three sets of list were filed before the Assistant Registrar, i.e., by (i) Sri Rajesh Chandra Tiwari, (ii) Sri Krishan Kant Tripathi and (Hi) Sri Jai Vijay Narain Sharma, certain other independent objections were also filed before the Assistant Registrar. The Assistant Registrar, after considering the objections filed and after going through the records, passed the impugned order dated 31.1.2004, whereby he has approved the list of 481 members of the general body for the purposes of participation in the elections of the Committee of Management. The said order of the Assistant Registrar has been challenged by means of the present writ petition.
6. On behalf of the petitioner it is contended that various objections were filed by the petitioner against the list submitted by Sri Krishna Kant Tripathi. It is further contended that the Assistant Registrar, without considering the objections so filed, has proceeded to finalise the list of members entitled to participate in the elections. It is also contended on behalf of the petitioner that in view of the Division Bench judgment of this Court, in 1995 (2) UPLBEC 1242. It is obligatory upon the Assistant Registrar to consider the objections and to apply his mind with regards to record available in his office before finalising the list of members entitled to participate in the election.
7. On behalf of the respondent it is submitted that Assistant Registrar has finalised the list of members after affording opportunity of hearing to the parties and after looking into records/other evidence led by the parties in respect of their respective claims. The respondent has placed reliance upon the same Judgment of the Division Bench, referred to above, for the purposes of contending that if the petitioner feels aggrieved, they should approach the civil court and writ proceeding is not proper remedy.
8. This Court, while entertaining the present writ petition, on 24th February. 2004, has directed that in the meantime elections may take place, the results may also be declared but the same shall not be implemented except with the leave of Court.
9. According to petitioner the elections, which have now taken place under order of this Court, are unsustainable in the eyes of law inasmuch as the unauthorised persons have participated in the said elections inasmuch as the list finalised by the Assistant Registrar is legally not sustalnable for the various reasons, which have been stated on behalf of the petitioner.
10. It is not in dispute between the parties that the elections of the Committee of Management, which have taken place under order of this Court are necessarily to be placed before the Regional Level Committee, to be constituted under Government order dated 19th December, 2000, of which Regional Joint Director of Education is the Chairman. The said stage has yet not reached. It is further admitted on behalf of the parties that the Regional Level Committee, while deciding the issue with regards to legality or otherwise of elections has necessarily to examine the validity of the electoral college, which has held the elections.
11. In view of the aforesaid admitted position, this Court is of the opinion that the petitioner may be asked to file his representation against the alleged elections ventilating all his grievances including the objections with regards to the list, which has been finalised by the Assistant Registrar by means of the impugned order. In such a representation/objections are filed by the petitioner before the Chairman of the Regional Level Committee within two weeks from today, he shall place relevant records pertaining to elections dated 13.6.2004 along with objections of the petitioner before the Regional Level Committee. The Regional Level Committee shall thereafter afford opportunity of hearing to the respondent Nos. 6 and 7 and any other affected person. The Regional Level Committee shall also permit exchange of the documents between the parties and shall decide the dispute by means of a reasoned and speaking order. While deciding the said dispute, the Regional Level Committee necessarily record findings in respect of following issues :
(a) who are valid members of the General Boby and whether the electoral college, as declared under order of Assistant Registrar. Is legally valid or not?
(b) whether the elections have been held strictly in accordance with the scheme of administration or not?
12. At this stage it is further agreed between the parties that with regards to legality or otherwise of the electoral college, the Regional Level Committee shall not be influenced in any manner by the order passed by the Assistant Registrar, declaring the list of members of the General Body, which is subject matter of challenge in the present writ petition. The Regional Level Committee shall decide the issues within one month from the date papers are produced before it.
13. Till the said decision of Regional Level Committee, status quo as prevailing on the date shall be maintained.
14. In view of the aforesaid order it is not necessary for this Court to go into the legality or otherwise of the order passed by the Assistant Registrar Impugned in the present writ petition at this stage.
15. With these observations, writ "petition stands disposed of.