Allahabad High Court
Harish Chandra Arya And Others vs The State Of U.P. Thru Secy. And ... on 9 July, 2012
Bench: Amreshwar Pratap Sahi
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No.38
Civil Misc. Writ Petition No.32206 of 2012
Harish Chandra Arya and others Vs. The State of U.P.
and others
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Hon'ble A.P. Sahi, J
Short-counter-affidavit filed today on behalf of Respondent No.5 is taken on record.
Heard Sri R.K. Ojha, learned counsel for the petitioner and Sri Arun Kumar Singh for the contesting respondent No.5.
Learned counsel for the parties including the learned Standing Counsel agree that the matter be disposed of finally at this stage itself.
The dispute relates to the holding of elections of the Committee of Management by the Prabandh Sanchalak in the institution in question. According to the petitioner, the electoral College of the General Body had already been finalized by the District Inspector of Schools on 20.9.2011 and an unsuccessful challenge was raised to the same before the learned single Judge in Writ Petition No.69675 of 2011. Sri Arun Kumar Singh urges that a Special Appeal was preferred against the same being Special Appeal No.2360 of 2011 which was allowed directing the District Inspector of Schools to proceed to decide the objections with regard to the electoral College as raised by the appellant herein and then proceed to hold elections which shall be notified in accordance with law and the order of learned single Judge in Writ Petition No.63191 of 2011.
Sri R.K. Ojha submits that after the direction issued by the Division Bench, the list was finalized by the District Inspector of Schools on 17.5.2012 after hearing the parties concerned and after considering the objections.
The elections, according to the petitioner, ought to have been held in terms of the said order but in between another complaint was moved by the contesting respondent No.5 raising grounds of fraud and misrepresentation where after the District Inspector of Schools before holding of the election, reviewed his earlier order dated 17.5.2012 and passed a fresh order with regard to electoral College on 29.6.2012 on the basis whereof fresh elections were held on 8.7.2012. The principal submission of Sri Ojha is that the order of review passed by the District Inspector of Schools was beyond his capacity and jurisdiction inasmuch as once the election process had been notified, he could not have interfered by proceeding to decide the electoral College again. He contends that the order being without jurisdiction, the election ought to have been held only on the basis of the earlier order dated 17.5.2012.
Sri A.K. Singh, on the other hand, contends that the dispute relating to 17 Members was carved out on account of the illegal order dated 17.5.2012 which finding was based on incorrect facts and on the basis of fraudulent receipts inasmuch as this fact was brought to the notice of District Inspector of Schools, who taking into account the misrepresentation and fraud, proceeded to review the matter and has arrived at a correct conclusion. He, therefore, submits that the order of review was well within the jurisdiction of the District Inspector of Schools and even otherwise once the elections have been held, it is open to the petitioner to raise the same at the time of grant of recognition by the Regional Level Committee headed by the Joint Director of Education.
Having heard learned counsel for the parties and after perusing the record as well as the order passed by the learned single Judge and the Division Bench, the direction issued by this Court was to decide the objections and then hold the election. The objection has already been decided on 17.5.2012. The election ought to have been held and thereafter any dispute relating to membership or otherwise could have been gone into by the Regional Level Committee only. The District Inspector of Schools ought not to have interfered with the election process by embarking upon a fresh inquiry relating to some fraudulent receipt or even on the aspect of any misrepresentation. This issue, as a matter of fact, should have been left over by the District Inspector of Schools to be considered and decided by the Regional Level Committee after the elections were over. In the opinion of the Court, therefore, the order of District Inspector of Schools dated 29.6.2012 cannot be supported or pressed into service for the purpose of recognition of the election.
However, in view of the objections so raised, the parties shall be at liberty to raise their objections with regard to membership issue before the Regional Level committee, which shall be decided in accordance with law after giving ample opportunity of hearing to the parties ignoring the order of the District Inspector of Schools dated 29.6.2012 and thereafter recognition shall be given to the Committee of Management or orders passed otherwise in that regard.
With the aforesaid observations, the writ petition is disposed of.
Dt. 9.7.2012
Irshad
