Allahabad High Court
C/M Baba Laxman Das Dwaba Rastriya Inter ... vs State Of U.P. And 6 Others on 21 October, 2022
Author: Salil Kumar Rai
Bench: Salil Kumar Rai
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 35 Case :- WRIT - C No. - 29990 of 2022 Petitioner :- C/M Baba Laxman Das Dwaba Rastriya Inter College And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Anand Kumar Pandey Counsel for Respondent :- CSC,Amrish Tiwari Hon'ble Salil Kumar Rai,J.
Heard Shri G.K. Singh, Senior Counsel, assisted by Shri Anand Kumar Pandey, Advocate, for the petitioner, the Standing Counsel representing respondent Nos. 1 to 7 and Shri Rakesh Pande, Senior Counsel, assisted by Shri Amrish Tiwari, for the applicant in Civil Misc. Impleadment Application No. 2 of 2022.
The present petition has been filed challenging the order dated 3.9.2022 passed by the District Inspector of Schools, District-Ballia (hereinafter referred to as, 'D.I.O.S.') postponing the elections of the Committee of Management of the Institution named as Baba Laxman Das Dwaba Rastriya Inter College Bairia, District-Ballia.
The facts of the case relevant for a decision of the present petition are that one Abhishek Pandey, i.e., petitioner No. 2 claimed himself to be elected as Manager of the Committee of Management of the Institution in the elections held on 1.11.2020. The necessary documents for attesting his signatures as Manager were filed before the D.I.O.S. The matter was referred by the D.I.O.S. to the Regional Level Committee, which vide its order dated 29.6.2021 rejected the claim of petitioner No. 2 for being recognized as Manager of the Committee of Management of the Institution. The Regional Level Committee also directed that the elections of the Committee of Management of the Institution be held by the D.I.O.S. after appointing Assistant District Inspector of Schools, Ballia as the Election Officer. It was directed by the Regional Level Committee that the elections shall be held within three months.
The Assistant District Inspector of Schools, Ballia acting as Election Officer published the provisional list of members of the General Body and pasted the same on the notice board and also invited objections against the list published by him. The objections were to be filed by 25.3.2022. The notice inviting objections was also published in the newspaper. It appears that objections were filed to the list published by the D.I.O.S. by petitioner No. 2 himself and after considering the said objections, the Election Officer vide his order dated 20.8.2022 finalized the list of voters eligible to cast their votes in the elections.
Vide his order dated 20.8.2022, the Assistant District Inspector of Schools, Ballia, i.e., the Election Officer also notified the election programme. In the election programme as notified by the Election Officer nominations, scrutiny of nomination papers, withdrawal of nomination papers, voting in the elections as well as counting and declaration of results were to be done on 4.9.2022 and the elections were to be held in Government Inter College, Ballia.
Subsequently, by order dated 3.9.2022, the D.I.O.S. postponed the elections on the ground that the premises of Government Inter College was reserved for relief camps organized for the flood affected persons.
In pursuance to the order dated 3.9.2022, the Election Officer also passed an order on the same day postponing the elections of the Institution.
It has been stated in the petition that the reasons given in the order dated 3.9.2022 that the premises of Government Inter College, Ballia was to be used as relief camps for the flood affected persons was wrong which would be evident from the information given by the Principal of the Government Inter College, Ballia on an enquiry made by the petitioner under the Right to Information Act. The reply given by the Principal of the Institution is annexed as Annexure No. 25 to the petition.
A perusal of the reply of the Principal indicates that the Government Inter College, Ballia was functioning in full capacity from 26.7.2022 to 3.9.2022 and arrangements had been made for the elections referred above.
It has been pleaded by the petitioner that the elections have been wrongly postponed and required to be held forthwith.
The counsel for the applicant in the impleadment application has no objection to the election of the Committee of Management being held, but has argued that objections have been submitted by him regarding the list of valid members of the Society before the Assistant Registrar, Firms, Societies and Chits, District-Azamgarh and the elections can be held only after the said objections are decided by the Assistant Registrar. It has been argued that in the circumstances, the D.I.O.S. be directed to hold the elections on the basis of the list of valid members certified by the Assistant Registrar after deciding the objections filed by the applicant.
It has been stated by the applicant in his impleadment application that an application incorporating the same plea has also been submitted by him before the D.I.O.S. In pursuance to the previous order passed by this Court, the Standing Counsel has obtained instructions and on the basis of his instructions states that the list of members registered in the office of the Assistant Registrar has been sought by the D.I.O.S. On the basis of his instructions the Standing Counsel also states that the reasons given in the order dated 3.9.2022 for postponing the elections are valid inasmuch as the building of Government Inter College, Ballia was being used as relief camps for flood affected persons.
I have considered the submission of the counsel for the parties.
It is apparent from the facts stated above that the election programme to elect the Committee of Management of the Institution was notified by the Election Officer through his order dated 20.8.2022. It is also apparent from the facts stated above that the voter list for the aforesaid elections had also been finalized by the Election Officer on 20.8.2022.
I am not expressing any opinion on the issue as to whether the elections were rightly postponed by the D.I.O.S. on the ground that the premises of the Government Inter College was being used as relief camps for the flood affected persons. Assuming that the facts stated in the order dated 3.9.2022 and in the instructions received by the Standing Counsel are true that the premises of Government Inter College were being used as relief camps for flood affected persons, the elections at present are to be held from the stage at which they were postponed, i.e., on the list of voters finalized by the Election Officer vide his order dated 20.8.2022 and the elections can not be postponed on the ground that list of members of the Society registered under the Societies Registration Act, 1860 has not been sent by the Assistant Registrar and objections filed by the applicant before the Assistant Registrar is still pending.
It is settled law that after the elections are notified the same can not be interrupted and if for any unavoidable reasons the elections are postponed at any stage, the clock can not put back and the proceedings are not to be started again from the beginning.
For the aforesaid reasons, the petition is allowed.
The District Inspector of Schools, District-Ballia is directed to ensure that the elections to elect the Committee of Management of the Institution shall be held within a period of one month from today from the list of voters finalized by the Election Officer vide his order dated 20.8.2022.
It is clarified that aggrieved persons shall be at liberty to challenge the elections on all grounds available to them including the validity of the list of voters finalized by the Election Officer vide his order dated 20.8.2022 after the elections.
Let this order be communicated to the District Inspector of Schools, District-Ballia by the Registrar (Compliance) within 24 hours.
Order Date :- 21.10.2022 Anurag/-