Andhra Pradesh High Court - Amravati
O R D E R vs Unknown on 8 March, 2022
Author: Battu Devanand
Bench: Battu Devanand
THE HON'BLE SRI JUSTICE BATTU DEVANAND
WRIT PETITION No.22591 of 2021
O R D E R:
This writ petition has been filed to declare the action of the Respondents in trying to conduct the re-poll for the Parents committee of 6th Respondent in pursuance to the Memo No.SSA-16021/1/2-10-MIS SEC-SSA, dated 30.09.2021, scheduled to be held on 06.10.2021, as illegal, arbitrary, contrary to law and violation of principles of natural justice and consequently direct the respondents to declare the petitioners as elected members of Parents committee of 6th respondent, as per the election held on 22.09.2021, and further direct not to conduct re-poll for the parents' committee of 6th respondent school in pursuance to the in pursuance to the Memo No.SSA-16021/1/2-10-MIS SEC-SSA, dated 30.09.2021.
2) Heard learned counsel for the petitioners and the learned counsels appearing for the Respondents and perused the material available on record.
3) The case of the petitioners is that the respondent authorities issued Memo No.SPD/110/2019-PROG-5, dated 31.08.2021, intending to conduct the elections for the parents' committee of the 6th respondent school, which is scheduled to be held on 22.09.2021. The petitioners along with other 2 parents participated in the election held on 22.09.2021, in the presence of Mandal Level and District Level Educational authorities and other authorities concerned and elected as members. As per the rules, the respondent authorities have to conduct the election for the Chairman and Vice-Chairman of parents' committee of 6th respondent. But, surprisingly, the authorities passing the time without conducting such election. Therefore, being elected members, they made a representation, dated 22.09.2021, duly signed by all the petitioners, showing their willingness to participate and elect the Chairman and Vice-Chairman of the committee. Pursuant to the representation, the respondent authorities conducted election of the Chairman, on which the 1st petitioner elected as a Chairman of the said committee.
4) Learned counsel for the petitioners submits that as per the guidelines issued by higher authorities and provisions contemplated thereunder, the respondent authorities have to issue the necessary certificates or declarations to the petitioners as a Chairman, Vice-Chairman and Members of the said committee. But the respondent authorities are dragon the matter and they openly in the media announced that the elections were conducted and completed for all classes, except 10th class, as they received a complaint for want of quorum and requested for the re-poll.
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5) Learned counsel for the petitioners further submits that the authorities concerned not issued the declaration forms to the petitioners and the State Government issued another Memo No.SSA-16021/1/2-10-MIS SEC-SSA, dated 30.09.2021, wherein it is categorically observed that a fresh election should be conducted on 06.10.2021 and such information shall reach to the Government on 07.10.2021 without fail. Pursuant to the said memo, the respondent authorities tried to conduct the re-poll or fresh poll for the 6th respondent school. Aggrieved by the same, the present writ petition is filed.
6) The 6th Respondent filed counter-affidavit on behalf of all Respondents stating that according to Memo No.SPD/110/2019-PROG-5, dated 31.08.2021, parents elections were conducted peacefully in the respective lasses from VI to X. By that time four members of the said elected members raised objections demanding to cancel election process. Thus, they could not proceed further in electing Chairman and Vice Chairman. The election process could not be completed by issuing necessary declaration to the members.
7) Learned counsel for the respondents submits that the election process on 22.09.2021 has completed successfully and peacefully, until the election of three members from each 4 class and in total 15 members. But situation become worse by the time of electing Chairman and Vice Chairman, where 4 out of 15 members boycott election process demanding re- elections and raising slogans. The remaining 11 members demanding for completion of further election process of selecting Chairman and Vice Chairman. Within no time huge gatherings near school created ambiguity near school to proceed further or not as both groups are having their own demands. The situation brought to the notice of higher authorities and got instructions to conduct re-poll for only X class basing on the raised objection of lack of quorum. The same instructions received were kept in the notice board, stating that there will be re election for X class only when they get notification from the Government.
8) Having heard the submissions of the respective counsels and upon perusal of the material available on record, it appears that elections to the parents' committee of the 6th Respondent school was scheduled on 22.09.2021 and 15 members were elected for Classes from VI to X. While proceeding with the election for the posts of Chairman and Vice-Chairman, 4 elected members raised objection and demanded to conduct re-poll. At that stage, election process was stalled due to law and order problem.
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9) It appears that the 1st Respondent vide memo, dated 30.09.2021 accorded permission to reconduct the elections where parents' committees could not be reconstituted on 22.09.2021. It is directed to conduct election on 06.10.2021 and send information to the 1 st Respondent office by 07.10.2021. The petitioners under the impression that the re-election will be conducted for all classes of 6th Respondent school and with apprehension filed the present writ petition.
10) On careful examination of the memo, dated 30.09.2021 issued by the 1st Respondent, it is clear that the instructions issued vide said memo are applicable to all the schools, where election for reconstitution of parents' committees could not be conducted on 22.09.2021. This memo is not issued particularly to conduct elections in the 6 th Respondent school.
11) It is further to be noted that in the counter-affidavit filed by the Respondents, it is clearly stated that elections to elect members from Classes VI to X was held on 22.09.2021 and there is dispute with regard to election of the X class. There is no dispute with regard to the members elected from the classes VI to IX. It is also noted by the Respondents that as per the instructions received vide Memo, dated 30.09.2021, election has to be conducted for re-poll for only X class of 6th 6 Respondent school, but not for remaining classes. It is also stated in the counter-affidavit that in view of the interim order of this Court, dated 05.10.2021, the respondents did not proceed for conduct of election for X class and if stay is vacated, they will proceed to conduct election for X class with the complete quorum and then proceed to conduct election to the posts of Chairman and Vice-Chairman among the elected members.
12) In view of the clear admission of the Respondents that they are not going to conduct election to the members of all classes from VI to IX and they will conduct election only to the X class and after completion of election for the members of X class, they will proceed to conduct election to the posts of Chairman and Vice-Chairman among the elected members, in the considered opinion of this Court, this writ petition can be disposed of placing the stand taken by the Respondents in their counter-affidavit on record and by issuing certain directions to meet the ends of justice.
13) Accordingly, this writ petition is disposed of with the following directions:
(i) The Respondents can proceed to conduct election of members to the X class of the 6th Respondent school. 7
(ii) Thereafter, the Respondents shall conduct election to the posts of Chairman and Vice-Chairman among the elected members of the 6th Respondent school.
(iii) After completion of election process, declaration shall be issued to the elected members and office bearers.
(iv) The entire exercise shall be completed within a period of three (3) weeks from today.
14) There shall be no order as to costs.
As a sequel, miscellaneous petitions pending, if any, shall stand closed.
______________________ JUSTICE BATTU DEVANAND Date: 08.03.2022 Note: Furnish C.C. by tomorrow.
B/o PGR 8 THE HON'BLE SRI JUSTICE BATTU DEVANAND WRIT PETITION No.22591 of 2021 Dt. 08.03.2022 PGR