Allahabad High Court
Dinesh Kumar & Ors. vs State Of U.P. & Others on 12 January, 2010
Author: Dilip Gupta
Bench: Dilip Gupta
Court No. - 39 Case :- WRIT - C No. - 1098 of 2010 Petitioner :- Dinesh Kumar & Ors. Respondent :- State Of U.P. & Others Petitioner Counsel :- G.K. Singh,Bhuvneshwar Kr. Singh Respondent Counsel :- C.S.C. Hon'ble Dilip Gupta,J.
The petitioners have sought the quashing of the list of members published by the Prabandha Sanchalak on 28th December, 2009 in so far as it excludes the names of the petitioners. The petitioners have further sought a direction that the elections be held after inclusion of the names of the petitioners in the list of members.
The records of the writ petition indicate that pursuant to the judgment and order dated 4th August, 2008 passed by this Court in Special Appeal No.814 of 2006 connected with Writ Petition No.46881 of 2008, elections of the Committee of Management of the Institution were to be held by the Authorised Controller. After inviting objections, the Authorised Controller finalised the electoral college by the order dated 31st January, 2009 and published a list of 37 members in which the names of the petitioners were mentioned at Serial Nos.29, 30, 31 and 32. Subsequently, the election programme was also published but by the order dated 26th February, 2009 the election was postponed. The Authorised Controller was changed in the meantime and the new Authorised Controller sent a communication dated 31st August, 2009 to the District Inspector of Schools, Bijnor mentioning therein that the list of members had already been finalised and, therefore, only the election schedule was required to be published. However, he published a list of members dated 22nd December, 2009 in which the names of the petitioners were not included. The petitioners, therefore, filed a representation dated 29th December, 2009 before the Authorised Controller pointing out the aforesaid infirmity in the list but no order has been passed and an election programme has been published for holding the elections on 18th January, 2010.
It is the submission of Sri G.K. Singh, learned counsel appearing for the petitioners that once the electoral list had been finalised by the Authorised Controller on 31st January, 2009 and the subsequent Authorised Controller had also noted that the election was required to be held on the basis of the list so finalised, the Authorised Controller could not have published another list excluding the names of the petitioners.
Learned Standing Counsel appearing for respondent nos.1, 2 and 3 and Sri Pramod Dwivedi, learned counsel appearing for Raj Pal whose name is shown at Serial No.4 in the list published by the Authorised Controller on 31st January, 2009 state that the petition may be disposed of at this stage without calling for any counter affidavit. They further submit that once the election schedule has been published, no interference is called for at this stage.
The submissions advanced by the learned counsel for the respondents that this Court should not interfere in the election schedule, cannot be accepted.
The Authorised Controller had finalised the list after inviting objections by the order dated 31st January, 2009 and this list consists of 37 members and the names of petitioners are mentioned at Serial Nos.29, 30, 31 and 32. The communication dated 31st August, 2009 sent by the Prabandh Sanchalak to the District Inspector of Schools takes notice of this list and mentions that the election shall be held on the basis of the list earlier finalised but the Prabandh Sanchalak has also published a list on 22nd December, 2009 in which the names of the petitioners have not been included. The petitioners have, however, filed a representation before the Authorised Controller for redressal of their grievances.
It is, therefore, ordered that the Authorised Controller shall take an appropriate decision on the representation moved by the petitioners before holding the elections. The list published on 22nd December, 2009 shall abide by the orders to be passed by the Authorised Controller.
The writ petition is allowed to the extent indicated above.
Order Date :- 12.1.2010 GS