C/M Janta Inter College And ... vs State Of U.P. Thru Its Secy. And ...
2013 Latest Caselaw 2610 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 

 
Case :- WRIT - C No. - 63249 of 2011
 

 
Petitioner :- C/M Janta Inter College And Another
 
Respondent :- State Of U.P. Thru Its Secy. And Others
 
Counsel for Petitioner :- Jitendra Singh,Ashok Khare,G.K. Singh,J.P. Singh,S.P. Singh,V.K. Singh
 
Counsel for Respondent :- C.S.C.,Anjani Kumar Mishra,Bhuvnesh Kumar Singh,Randhir Jain,S.B.Singh
 

 
Hon'ble Arun Tandon,J.

Heard Sri G.K. Singh, Advocate on behalf of the petitioner, Standing Counsel on behalf of respondent nos. 1 to 4. Respondent nos. 5 to 7 are represented by Sri Shashi Nandan, Senior Advocate assisted by Sri Randhir Jain, Advocate.

Petitioner before this Court seeks quashing of the order of the Regional Level Committee dated 01.10.2011 wherein the Regional Level Committee has recorded that the elections of the Committee of Management, which took place on 08th June, 2011 with Virendra Singh as Manager were legal and valid. Accordingly, the signatures of the elected manager have been directed to be attested.

Facts in short leading to the present writ petition are as follows:

Janta Inter College, Baseda Khurd, Bijnor is a recognized and aided Intermediate College. The said institution is run and managed in accordance with the approved scheme of administration. Elections of the Committee of Management of the said institution had taken place on 04.01.2006. These elections were granted recognition vide order of the District Inspector of Schools dated 08.02.2006. It appears that the matter traveled up to the Regional Level Committee.

The Regional Level Committee under its order dated 08.08.2009 recorded that the exclusion of 72 members of the electoral college was valid, and held that the elections dated 04.01.2006 were valid election. This order was subjected to challenge by means of Writ Petition No. 61714 of 2008 by the faction led by Tejpal Singh. No rival elections were pleaded at that stage.

The writ petition came up for consideration before the High Court on 15th March, 2011. The Writ Court set aside the orders dated 08.08.2008 and dated 01.02.2005, insofar as they held that the exclusion of 72 members from the general body was valid. However, the High Court refused to interfere with the elections, which took place on 04.01.2006 on the ground that its term is nearing an end. The Court observed that if fresh elections are held, it shall be open to challenge the fresh elections in light of the observations made in the said judgment of the High Court, and the question of membership shall be decided again.

Another Writ Petition No. 3414 of 2011 was filed before the High Court by certain individual members challenging the electoral college of 186 members determined for holding fresh elections of the Committee of Management in the year 2011. The High Court disposed of this writ petition on the same direction as passed in Writ Petition No. 61714 of 2008 and that no further orders were required to be passed. Meaning thereby liberty was granted to challenge the elections including the issue of membership.

It appears that the elections did take place on 16.03.2011. The papers pertaining to the elections were placed before the Regional Level Committee and the Regional Level Committee under the order dated 11.05.2011 disapproved the elections dated 16.03.2011. It was held that 72 members were valid members and they were entitled to participate in the elections. While 86 newly enrolled members were not valid members and they had to be excluded from the electoral college.

In terms of the order of the Regional Level Committee fresh elections took place on 08th June, 2011. In the said elections 72 members were permitted to participate, while 86 members were excluded as per the order of the Regional Level Committee dated 11.05.2011.

On the date of the election i. e. 08.06.2011 another Writ Petition No. 33955 of 2011 raising an issue pertaining to exclusion of 86 members from the electoral college as well on other grounds came up for consideration before the Writ Court. The petition was disposed of by providing that since fresh elections have not yet been granted approval by any education authority, the petitioner may approach the authority concerned, who shall examine all aspect of the matter in light of the Government Order applicable.

According to the petitioners they filed their objection before the District Inspector of Schools in respect of the elections held on 08th June, 2011. However, the District Inspector of Schools approved the elections vide order dated 10th June, 2011. This resulted in fresh petition being filed by the present petitioners, being Writ Petition No. 36790 of 2011.

Before the Writ Court it was contended that 72 members were not valid members and that exclusion of 86 members was illegal. Therefore the entire elections were vitiated.

On behalf of the respondent it was contended that the order of the Regional Level Committee dated 11.05.2011 had become final and therefore the issue of membership, as raised by the petitioner, did not have any substance.

The writ petition was disposed of with the consent of the parties on 08.07.2011 with the observation that the issues raised may be examined by the Regional Level Committee. The order of the District Inspector of Schools recognizing the elections dated 10.06.2011 was set aside and the Regional Level Committee was required to decide the legality of the elections including the issue of membership in light of the orders dated 15.03.2011 and dated 08th June, 2011, referred to above.

In compliance of the said order, the Regional Level Committee vide order daed 01.10.2011 has upheld the elections of 08th June, 2011 and has held that the induction of 72 members was legal and valid, while exclusion of 86 members from the electoral college was in accordance with the scheme. For the purpose it has been recorded that the order of the Regional Level Committee dated 11.05.2011 had not been interfered with by the High Court while deciding the Writ Petition No. 33955 of 2011 on 08th June, 2011, therefore the said order has become final. It has been held that in the elections held on 08.06.2011 Virendra Singh has been elected as Manager and therefore his signatures are liable to be attested as such.

Sri G.K. Singh, Advocate challenging the order so passed vehemently contended that in terms of the order of the High Court dated 08th June, 2011 read with the order dated 15.03.2011 it was obligatory upon the Regional Level Committee to have decided afresh as to whether 72 members were valid members and as to whether exclusion of 86 members from the electoral college was justified or not. Since such decision has not been taken and the only earlier order of the Regional Level Committee dated 11.05.2011 has been relied upon. According to him the order impugned is legally not sustainable.

Sri Shashi Nandan, Senior Advocate in reply points out that admittedly the Regional Level Committee had determined under its order dated 11.05.2011, that 72 members were valid members and they were entitled to participate in the elections, while 86 members were not validly enrolled and therefore not entitled to participate in the elections. The petitioner did challenge the said order of the Regional Level Committee by means of Writ Petition No. 33955 of 2011 but this Court did not interfere with the order and only permitted the petitioner to file objections in respect of the elections held. It is, therefore, his case that the order dated 11.05.2011 stands on record even today and has not been set aside by any court of law. The present Regional Level Committee having concurrent authority cannot review the said order nor can sit in appeal over the same. It is further stated that the petitioner was offered repeated opportunity by the Regional Level Committee after copy of the order dated 08th July, 2011 was served upon it to support his case. Petitioner did not respond and only made an attempt to prolong the proceedings on one pretext or other. He, therefore, submits that the writ petition has no merit and it be dismissed.

In rejoinder Sri G.K. Singh submits that the respondent had conceded before the Writ Court for all issues being examined by the Regional Level Committee as is recorded in the order of the High Court dated 08th July, 2011. Therefore, it is not open to them to contend that the order dated 11.05.2011 has become final. The Regional Level Committee was legally obliged to examine the correctness of the electoral college afresh. He then submitted that the Regional Level Committee has not non-suited the petitioner because of non-production of the documents. It has simply refused to enter into the issue as raised by the petitioner for disputing the electoral college on the plea that the matter stands decided under the order dated 11.05.2011. This according to him is based on misreading of the order of the High Court dated 08th July, 2011.

I have heard learned counsel for the parties and have examined the records.

It is not in dispute that the Regional Level Committee in terms of the order of the High Court dated 15th March, 2011 did determine, while examining the legality of the elections held on 16.03.2011, that 72 members were validly enrolled and they were entitled to participate in the elections while 86 members were not valid members and they could not participate in the elections. It is on these ground that the Regional Level Committee set aside the elections held on 16.03.2011 and directed that fresh elections may be held in light of what has been recorded in the said order. This order has become final between the parties, inasmuch as the order disapproving the elections dated 16.03.2011 had been challenged by means of Writ Petition No. 33955 of 2011 but, for whatever reasons it may be, they agreed that fresh elections be held in light of the order of the Regional Level Committee dated 11.05.2011. Petitioners were satisfied with the order of the Writ Court dated 08.06.2011 wherein the legality of the elections dated 08th June, 2011 alone were directed to be examined.

Meaning thereby that the petitioners had waived their rights with regard to challenge to the order dated 11.05.2011, whereby the elections of 16.03.2011 were disapproved and a direction was issued to hold fresh elections from the electoral college as determined therein.

The High Court while decided Writ Petition No. 33955 of 2011 on 08th June, 2011 only permitted objections to be filed in respect of the elections which had taken place on the same date i. e. 08th June, 2011. The Court did not permit the reopening of the order of the Regional Level Committee dated 11.05.2011. The order of the Writ Court dated 08th June, 2011 was not subjected to any further challenge and was accepted by the present petitioner as it was.

In view of the aforesaid, the issue with regard to the enrollment of 72 members being valid and 86 members being illegal stood closed.

So far as the order passed by the Writ Court dated 08th July, 2011 is concerned, suffice is to record that the High Court only permitted the legality of the elections dated 08th June, 2011 being examined by the Regional Level Committee afresh in light of the orders dated 15.03.2011 and dated 08th June, 2011. As already recorded above, under the order dated 08th June, 2011 the issue with regard to the legality or otherwise of the order dated 11.05.2011 stood closed. The Regional Level Committee while deciding the legality of the elections dated 08.06.2011 could not have gone behind the order dated 11.05.2011.

In view of the aforesaid, this Court is of the view that the view taken by the Regional Level Committee is a fair possible view. Therefore, no interference against the order impugned is called for. If the petitioner feels aggrieved by the order of the Regional Level Committee, he may file a civil suit.

Writ petition is dismissed.

Order Date :- 23.5.2013

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