Allahabad High Court
C/M Goswami Tulsi Das Vidyalaya vs State Of U.P. And 10 Ors. on 15 June, 2015
Bench: Arun Tandon, Sunita Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 9
Case :- SPECIAL APPEAL No. - 403 of 2015
Appellant :- C/M Goswami Tulsi Das Vidyalaya
Respondent :- State Of U.P. And 10 Ors.
Counsel for Appellant :- Kunwar Bhashkar Parihar,Radha Kant Ojha
Counsel for Respondent :- C.S.C.,V.K. Singh
Hon'ble Arun Tandon,J.
Hon'ble Mrs. Sunita Agarwal,J.
Heard Sri Radha Kant Ojha, Senior Advocate assisted by Sri Kumar Bhageshwar Parihar, advocate on behalf of the appellant and Sri V.K Singh, learned counsel on behalf of the appellant-respondent.
This Special Appeal has been filed by the respondents to the Writ Petition No. 26092 of 2015, Mahendra Singh and 6 others Vs. State of U.P and 4 others decided on 22.5.2015.
Sri Sri Radha Kant Ojha initially made an attempt to question the findings recorded by Hon'ble Single Judge in the matter of holding of fresh elections but on being confronted with facts noticed in the order namely that the Counsel for the respondent-appellant before the Hon'ble Single Judge as recorded has agreeed to holding of fresh elections (Reference Page-14 of the paper book). Nothing much could be added by Sri Radha Kant Ojha, so far as the direction to hold fresh election is concerned.
In view of the facts noticed in the order of Single Judge, we do not find it just and fair to permit Sri Radha Kant Ojha to question the part of order of Hon'ble Single Judge, wherein he has directed that fresh election of the Committee of Management of the institution may take place under the control and supervision of the Authorised Controller.
Sri Sri Radha Kant Ojha however, raised objection with regard to the part of the direction in the order impugned to the effect that the Authorised Controller shall publish a tentative list of the members of the "general body of the Society." After deciding the objections he shall proceed to finalise the electoral college. According to learned Counsel for the appellant, the elections are to be held from the members of the general body of the Committee of Management as per the approved scheme of administration. Therefore, the use of phrase "general body of the Society" is not appropriate.
In order to avoid any future complications, we with the consent of the parties, dispose of the present appeal by providing as follows:
(a) The Authorised Controller shall publish a list of members of the general body entitled to participate in the elections in accordance with the scheme of administration within 2 weeks from the date of receipt of certified copy of this order.
(b) Objections to the said tentative list may be filed within two weeks from the date of publication.
(c) The electoral college shall be finalised after deciding the objections raised, if any, by means of a reasoned order within a further period of two weeks.
(d) The final electoral college shall be notified and thereafter the elections shall be held within a period of four weeks.
(e) Any person aggrieved by the determination of final electoral college or the elections which shall take place as indicated above, he will be at liberty to question the same before the appropriate forum only after the elections are over.
(f) The papers pertaining to the elections shall be transmitted to the Regional Level Committee within three days of the election. The Regional Level Committee shall take a decision on the issue of the elections within four weeks of the receipt of the papers in accordance with law.
We may clarify that since under the scheme of administration as enclosed along with the writ petition, we find that the members of the general body of the Committee have been defined to be the members enrolled in accordance with bye-laws of the Society, it is provided that if there is a determination of such electoral college by any competent authority under the Societies Registration Act then the Authorised Controller shall give due weightage to such determination while finalising the electoral college.
Liberty is granted to the appellant to make an application before the District Inspector of School to appoint an Observer for overseeing the election to be so held.
The special appeal stands disposed of.
Order Date :- 15.6.2015 Ashish Pd./ J.S.
