Jagdish Prasad Sharma vs State Of U.P. And 2 Others
2017 Latest Caselaw 2242 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

Court No. - 10                                                           A.F.R.
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 369 of 2017
 

 
Appellant :- Jagdish Prasad Sharma
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Appellant :- Satya Prakash Singh,Bajrang Bahadur Singh
 
Counsel for Respondent :- C.S.C.,Amit Saxena
 
                                      with 
 
Case :- WRIT - C No. - 14935 of 2017
 

 
Petitioner :- Khem Chandra Sharma And 5 Ors.
 
Respondent :- State Of U.P. And 3 Ors.
 
Counsel for Petitioner :- Bajrang Bahadur Singh,Satya Prakash Singh
 
Counsel for Respondent :- C.S.C.
 
                                     with
 
Case :- WRIT - C No. - 51525 of 2016
 

 
Petitioner :- C/M Sunahri Lal Bal Mukund Inter College
 
Respondent :- State Of U.P. And Another
 
Counsel for Petitioner :- Amit Saxena
 
Counsel for Respondent :- C.S.C.
 
                                   with
 
Case :- WRIT - C No. - 57846 of 2016
 

 
Petitioner :- C/M Sunahri Lal Bal Mukund Inter College And Another
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Amit Saxena
 
Counsel for Respondent :- C.S.C.,Shailendra
 

 
Hon'ble Arun Tandon,J.

Hon'ble Ritu Raj Awasthi,J.

With the consent of the counsel for the parties records of writ petitions were called for and are being decided along with Special Appeals without calling for any further affidavits especifially in view of the order proposed to be passed by us.

It is sad to notice that the dispute pertainting to the elections of a Committee of Management of recognized Intermediate College, between 2004 to 2017 has generated 12 Writ Petitions and 6 Special Appeals before this Court.

In our opinion, the writ Court must be very cautious in granting interim order in disputes pertaining to Committee of Management attempts should be made to decide the petitions finally, so as to avoid multiple proceedings before this Court.

After going through the orders passed by writ court as shall be recorded hereunder, we reach to only one conclusion that if at appropriate stage the controversy had been settled finally by the writ Court, probably such large number of writ petitions and special appeals could have been avoided. We therefore, request the writ Courts dealing with disputes pertaining to the Committee of Management of recognized Institution to make an attempt to resolve the controversy finally instead of granting interim orders so as to avoid cotinuous litigation between the parties.

In case, where it is found by this Court that a particular parties is abusing the process, it must not hesitate in dealing with such litigant and must impose exceptional cost so as to act as a deterrent for filling petition after petition and from complicating the issue time and again.

Similarly, we also direct the State Government to issue appropriate directions to the District Inspector Schools who are mainly instrumental in generating uncalled for litigation in repsect of the Committee of Management by passig ex-parte order as well as orders, which contain no reason. The DIOS must be asked to read the orders of the High Court carefully and comply with the directions issued in letter and spirit.

In case, where it is found that District Inspector of Schools (hereinafter referred as the 'DIOS') behaves in an irresponsible manner by passing order without affording opporotunity to the aggrieved party and without taking note of the earlier orders of the writ Court, he must be proceeded with departmentally. This Court cannot be asked to share uncalled for burden generated by the DIOS because of uncalled for orders.

The facts and the orders passed relevant for the purposes of this Appeal are as under:-

Sunhari Lal Bal Mukun Inter College, Dhanauri Kala, District Gautam Budh Nager (hereinafter referred to as the 'Institution') is recognised and aided Intermeidate College. The said Institution is run and managed in accordance with the approved scheme of administration framed under the Intermediate Education Act, 1921. It is not in dispute that the elections of the Committee of Managment of the said Institution are held in accordance with the scheme of administration was duly approvded by the Education authorities. The term of the elected Committee of Management under the scheme of administration has been provided as 3 years with a further grace period of one month during which fresh elections must take place and the newly Committee must take charge otherwise Prabandh Sanchalak is to be appointed for the Institution for getting fresh elections held.

Up to the year 2004, there was no dispute with regard to the elections of the Committee of Management of the said Institution at least nothing has been brought on record.

Elections of the Committee of Mangement are stated to have been taken place on 16th September, 2004 in which one Neha Sharma was elected as Manager.

The elections were subjected to challenge by means of the writ petition No. 32131 of 2005 (1st Writ Petition) by one Jagdish Prasad Sharma. This writ petition remain pending before this Court and was ultimately dismissed as infructuous on 4.8.2009 since in between the term of the Committee of Mangement of 3 years exposed and the outgoing Committee of Management is stated to have held fresh elections on 17th October, 2007.

The Joint Director of Education refused to accord approval to the said elections of the Committee of Management vide order dated 8th January, 2008 on the ground that the same has been held beyond the period prescirbed under the approved scheme of administration.

This led to the filing of the wrti petition No.3328 of 2008 (2nd Writ Petition) by the office bearers who were elected in the elections of 2007. The writ petition was allowed vide order dated 4.8.2009. The matter was remanded to the Joint Director of Education to pass a fresh orders in accordance with law.

This order of the writ Court was subjected to challenge by way of special appeal No.1296 of 2009 (1st Special Appeal) filed by Sri Jagdish Prasad Sharma which remain pending. The Joint Director of Education however did not pass any order in compliance to the directions of this Court dated 4.8.2009 referred to above.

This led to the filling of the writ petition by Sri J.P. Sharma being petition No. 50919 of 2010 (3rd Writ Petition) for a direction to get the fresh election of Committee of Management held through Prabandh Sanchalak. In the aforesid writ petition, an interim order was passed on 23.8.2010 providing therein that if any fresh elections are held the same may take place under the controller of DIOS.

The Committee of Managment of the Institution was not satisfied and, therefore, filed special appeal No. 1560 of 2010 (2nd Special Appeal), this special appeal was allowed vide order dated 23.8.2010. The Relgional Level Committee was directed to examine the legality of the elections held in the year 2007.

In between fresh elections took place on 14.11.2010 and in the said elections Brij Bhusan Sharma is stated to have been elected as the Manager. These elections were held by the outgoing Committee of Managment.

The DIOS disapproved the elections held on 14.11.2010. This led to the filling of the writ petition No. 71262 of 2010, (4th Writ Petition). The writ Court granted an interim order dated 21.12.2010. The order of disapproval was stayed with a direction upon the Regional Level Committee to examine the legality or otherwise of the elections held. Before the legality of the elections could be examined as aforesaid, single operation of accounts was directed in the Institution vide order dated 29.12.2010.

This led to the filing of the writ petition No. 1846 of 2011 (5th Writ Petition) by the Committee of Mangement. The writ Court is stated to have summoned the DIOS who filed an affidavit and withdrew the order impugned in the writ petition.

The Regional Joint Director of Education is stated to have passed an order on 7.2.2011 appointing a Prabandh Sanchalak in the Institution.

This order was subjected to challenge by means of the writ petition No. 10165 of 2011 (6th Writ Petition) by the Committee of Mangement, wherein an interim order was granted on 21.2.2011.

Sri Jagdish Prasad Sharma however filed a separate writ petition No. 61304 of 2013, (7th Writ Petition) seeking a direction for election of Committee of Management being held through an independent person. This writ petition was dismissed vide order dated 8.11.2013 asking Sri J.P. Sharma to approach the Regional Level Committee. On 24.9.2014, the Regional Level Committee again appointed a Prabandh Sanchalak for the Institution.

This led to the filing of the writ petition No. 56343 of 2014 (8th Writ Petition). This writ petition was clubbed with writ petition No. 10165 of 2011 filed by the same Committee of Managment. Both petitions were disposed of vide order dated 17.11.2014, with a the direction upon the Regional Level Committee to examine the legality or otherwise of the elections held from time to time.

Sri Jagdish Prasad Sharma not being satisfied filed two special appeals No. 1185 of 2014 (3rd Special Appeal) and 1186 of 2014 (4th Special Appeal). Both appeals were dismissed by the Division Bench of this Court on 13.1.2015.

As a result whereof the Regional Level Committee examined the legality of the elections setup by the Committee of Mangement vide order dated 20.3.2015 upheld the elections dated 10.11.2013, wherein Brij Bhusan Sharma has elected as the Manager.

Sri Jagdish Prasad Sharma not being satisfied filed writ petition No. 14366 of 2015 (9th Writ Petition) which was dimissed by the writ Court by order dated 8.4.2015 after recording that J.P. Sharma was a busy bee and was no right to question the election of the Committee of Managment. Not being satisfied Sri J.P. Sharma filed Special Appeal No. 293 of 2015, (5th Special Appeal) which was also dismissed on 30.8.2016 whereby the order of the writ court holding Sri J.P. Sharma as an outsider not entitled to question the election of the Committee of Management was maintained.

The DIOS however it appear interest in creating dispute in the Institution and had therefore, he issued two notices dated 13.10.2016 and dated 20.10.2016. By means of the first order he called for explanation with regard to the complaint received and by means of the second order he directed that fresh elections should not be held except with the permission of the DIOS.

The Committee of Managment which had already notified the election schedule for 6th November, 2016 filed writ petition No. 51535 of 2016 (10th Writ Petition), wherein an interim order was granted on 26.10.2016, which had effect staying the opertion of the order of the DIOS referred to above. A direction was also issued to the Regional Level Committee to examine the legality or otherwise of the elections scheduled for 6.11.2016. In order to keep the record straight it may be noticed that papers pertaining to elections held on 6.11.2016 had been transmitted to the office of DIOS on 11.11.2016.

Surprisingly, the DIOS on 22.11.2016 again passed an order authorizing Sri J.P. Sharma to held the fresh elections of the Committee of Managment.

This led to the filling of the writ petition No. 57846 of 2016, (11th Writ Petititon) by the Committee of Management. An interim order dated 16.12.2016 has been granted in this petition.

On 18.11.2016 the DIOS disapproved the elections of the Committee of Management which had taken place on 6.11.2016 this order of the DIOS has been subjected to challenge by means of amendment application filed in writ petition No.57846 of 2016 (11th Writ Petition). Since no interim order was granted, the Regional Joint Director of Education appointed as Prabandh Sanchalak on the recommendation of DIOS on 7th June, 2017 this order of the Regional Joint Director of Education have been subjected to challenge in writ petition No.2719 of 2017 (12th Writ Petition) wherein an interim order has been granted by this Court on 15th June, 2017. Sri J.P. Sharma not being satisfied has filed the present intra Court Special Appeal (Defective) No.369 of 2017 (6th Special Appeal).

From the facts, which have been noticed hereinabove. It will seen that the elections of the Committee of Management which had taken place on 10.11.2013 had been recognized by the Regional Joint Level Committee vide order dated 20.3.2015. The writ petition and the special appeal filed against the order approving the elections both have been dismissed. Therefore, we have no hestitation that the elections held on 10.11.2013 wherein Brij Bhusan Sharma has elected as Manager stand on record.

It is settled law that it is only the outgoing management which can hold the fresh elections within time permitted under the Scheme of Administration. In case such outgoing committee facts to hold fresh elections as per the Scheme of Administration, the DIOS/ Regional Level Committee may appoint a Prabandh Sanchalak for getting fresh elections. We find that fresh elections within time permitted had been held on 6.11.2016 by the outgoing Committee of Management and that the order of the DIOS refusing to accord approval of the said election dated 18.11.2016 is under challenge by way of amendment application in writ petition No.57846 of 2016 filed by the Committee of Managementa through Sri Brij Bhusan Sharma as the Manager.

The appointment of the Prabandh Sanchalak by the DIOS in between is subject matter of writ petition No.27129 of 2017 which order can subsist only so long as the elections held on 6.11.2016 are examined found to be illegal or not otherwise. Therefore, the crux of the matter which remains for considered is as to whether the election held on 6.11.2016 have been so held strictly in accordance with the provisions of the Scheme of administration applicable to the Institution or not.

For examining as to whether the election of the Committee of Management of a recognized Intermediate College have been held in accordance with the provision applicable or not, following issues besides other need to be considered by the authority concerned,

(a) Elections have been held by the Outgoing Committee of Management or by authority duly authorized for the purpose under the Scheme of administration.

(b) Elections have been held form amongst valid Members of the general body after determination of the electoral college in accordance with the scheme of administration.

(c) The elections have been conducted strictly in accordance with the procedure prescribed under the Scheme of administration.

In our opinion, in the facts of the case having regard to the Government order dated 18.12.2000 the DIOS instead of examining the legality of the elections dated 6.11.2010 and declaring the same as illegal vide order dated 22.1.2016 should have referred the same for adjudication to the Regional Level Committee.

For the said reasons, the order of the DIOS dated 18.11.2016 cannot be legally sustained and is hereby set aside. We, further direct that the paper received by the DIOS in respect of elections of the Committee of Management dated 6.11.2016 shall be transmitted to the Regional Level Committee of which Regional Joint Director of Education is the Chairman within 10 days of receipt of certified copy of this order. The Regional Level Committee is directed to decide the legality or otherwise of the elections so held in the light of the observation made hereinabove, keeping in mind provision of the Scheme of administration applicable preferably 4 weeks of the receiving of the papers after affording opportunity to parties concerned.

The Regional Level Committee shall pass a reasoned speaking order. We are also of the opinion that in facts of the case since the appointment of the Prabandh Sanchalak was necessiated because of the order of the DIOS dated 8.11.2016 which has already been held to be bad by us hereinabove, it would be appropriate to direct that till the ligality of the election dated 6.11.2010 is decided by the Regional Level Committee as aforesaid, status quo as on date with regards to the management of the institution shall be maintained.

We may only record that the Regional Level Committee shall decide the matter within the frame fixed by us hereinabove and there should not be any complaint to the Court that this order has not been carried out in letter and spirit.

We also record that the Regional Level Committee shall keep in mind the findings returned by the High Court in its earlier judgment as has been noticed hereinabove with regard to the Sri J.P. Sharma and shall pass orders in confirmity thereto without creating uncalled litigation any further.

Impleadment application filed on behalf of 8 members of the general body need not be entertained by us, as the special appeal and the petitions are being finally decided today.

We leave it open to these applicants except J.P.Sharma to have their say before the Regional Level Committee, by way of their obligation to the election held on 6.11.2016.

All consequential action shall be taken immediately after passing of the order by the Regional Level Committee incompliance thereto.

All the writ petitions and this special appeal stand disposed of accordingly

Order Date :- 12.7.2017

Akbar