Allahabad High Court
C/M Lalauli Inter College And 7 ... vs State Of U.P. And 4 Others on 30 May, 2019
Bench: Ashok Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
A.F.R.
Reserved on 1.4.2019
Delivered on 30.5.2019
Court No. - 5
Case :- WRIT - C No. - 63354 of 2015
Petitioner :- C/M Lalauli Inter College And 7 Others
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Siddhartha Srivastava
Counsel for Respondent :- C.S.C.,Prabhakar Awasthi
And
Case :- WRIT - C No. - 60856 of 2015
Petitioner :- Istekhar Khan And 22 Others
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Siddharth Khare
Counsel for Respondent :- C.S.C.,Prabhakar Awasthi
And
Case :- WRIT - C No. - 10636 of 2015
Petitioner :- Jameel Ahmad
Respondent :- State Of U.P. And 3 Ors.
Counsel for Petitioner :- Siddharth Khare,Ashok Khare
Counsel for Respondent :- C.S.C.,Prabhakar Awasthi
Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner and learned counsel for the respondents.
By means of the present writ petition (W.P. No. 63354 of 2015) the petitioner has challenged the order dated 1.10.2015 passed by the DIOS, Fatehpur by which the DIOS has attested the signature of the manager of the elected committee of management.
The brief facts of the case are that the petitioner nos. 2 to 8 are the Ex-office bearers/members of the outgoing committee of management, election of which was held in the year 2005. Earlier a Writ Petition No. 65152 of 2011 was filed by one Idrish Khan in which following order has been passed:-
"Contention of the petitioner is that District Inspector of Schools, Fatehpur on 11.1.2011 had written a letter for holding of the election of the Managing Committee of the institution by 30.1.2011. Petitioner submits that tenure of the Manging Committee of the institution has already run out and in spite of same no steps whatsoever has been taken in the direction, and even order passed by the District Inspector of schools has not been complied with. Petitioner submits that there is no legal impediment whatsoever for holding the election of the committee of the Management of the institution.
Consequently, District Inspector of schools, Fatehpur is directed to see and ensure that final decision is taken in respect of holding of election of the committee of management in accordance with law, preferably within period of next three months from the date of production of certified copy of this order. In case elections have already been held then this order question will not come to the rescue of the petitioner.
With these observations, writ petition is disposed of."
In pursuance of the order dated 16.11.2011 the DIOS called for the relevant documents and a list of 275 members along with documents was submitted before the Assistant Registrar. The said list of 275 members was objected and therefore the Assistant Registrar has instituted an inquiry through auditor. According to the petitioner the inquiry was conducted and a report was submitted before the Assistant Registrar holding that the respondent no.4 has illegally enrolled the members. The DIOS in compliance of the order of this Court dated 26.11.2011 authorised the election officer as observer to constitute the general body of the society by following the bye-laws of the society and it is alleged that the said effect was followed and the list of 4885 members was prepared and forwarded by the DIOS to the Assistant Registrar for approval vide letter dated 18.12.2013. In pursuance of the letter dated 18.12.2013 the Assistant Registrar has responded vide letter dated 23.1.2014, authorised to the hold the election on the basis of general body of 4885 members prepared by the election officer and the observer. The elections were held according to the notified scheduled. The election of the executive members of the petitioner no.1 committee of management took place on 9.3.2014.
The claim of the petitioner was that on the basis of 4885 members of general body elections were held in which the respondent no.4 Sri Zumman Ali also participated and elected as member of executive committee. A writ petition being Civil Misc. Writ Petition No. 16789 of 2014 was filed by the respondent no.4 Zumman Ali, which was disposed of vide order dated 28.3.2014. The relevant extract of the order dated 2.7.2014 are quoted hereinbelow :
"Be that as it may, in my view, the end of justice would be subserved in case the petitioners are granted liberty to file a representation before the Regional Level Committee. The petitioners are permitted to raise all available grounds before the Regional Level Committee. In the event, the petitioner submits any such representation before the Joint Director of Education within two weeks from the date of receipt of certified copy of this order, the Joint Director of Education shall place the same before the Regional Level Committee, which will consider the cause of the petitioners and decide the matter within six weeks from the date of making such representation after hearing the petitioners and all concerned parties.
Needless to say that this Court has not expressed its opinion on the merits of the case. The Regional Level Committee shall pass the order independently in accordance with law.
Accordingly, the writ petition is disposed of.
No order as to costs."
Further against the order dated 28.3.2014 another writ petition was filed by the petitioner no.2 Badruddin Khan being writ Petition No. 29044 of 2014 in which this Court has passed the following order dated 2.7.2014 :
"Having considered the submissions of the learned counsel for the parties, I find substance in the submission of Sri Ashok Khare, inasmuch as, the U.P. Intermediate and Education Act, 1921 does not govern primary education. It is noteworthy that Chapter III of the Regulations framed under the Act, 1921 are Regulations prescribing service condition of teachers and employees of recognised institution framed under sub-section (1) of Section 16G of the Act, 1921. The use of the expression " members of the teaching staff or the Principal or Headmaster" is necessarily in reference to an institution which is governed by the provisions of the U.P. Intermediate Education Act, 1921 and it, therefore, does not relate to teachers of a Primary School. I, therefore, do not find substance in the submission of the learned counsel for the petitioners that the respondent No.5 was not eligible for being appointed as an office-bearer of the Committee of Management by virtue of Regulation 5 of Chapter III of the Regulations framed under the Act, 1921.
So far as the validity of election in general is concerned, another writ petition was filed by one Jumman Ali, an elected member of the Committee of Management, challenging the elections of the office-bearers which was numbered as Writ C No. 16789 of 2014. In the said writ petition, this court disposed of the petition with observation that if petitioners have any grievance with regards to the election, they can make a representation to the Regional Level Committee and in that event, the Regional Level Committee can consider the issue in accordance with law. Therefore, if the petitioners are aggrieved by the election for any other reason, they may, on similar terms, ventilate their grievance.
With the aforesaid liberty to the petitioners, the writ petition is disposed of."
Against the order dated 2.7.2014 the petitioner no.2 Badruddin Khan has filed a special appeal being Special Appeal No. 686 of 2014, which according to the petitioner is pending.
Pursuant to the order dated 28.3.2014 passed by this Court the Regional Level Committee has passed an order dated 29.8.2014 by which it has held that the election was invalid. After the order dated 29.8.2014 passed by the Regional Legal Committee the DIOS has sent a letter dated 13.10.2014 to the petitioners to provide the attested list of general body. In pursuance thereto the petitioner no.2 has submitted an application dated 18.10.2014 before the Assistant Registrar for providing the attested list of general body. Fresh request was also made by the petitioner no.2. However another writ petition no.64098 of 2014 (The Committee of Management, Lalauli Inter College vs. State of U.P. and others) was filed by the respondent no.4 Sri Zumman Ali, which was finally disposed of on 27.11.2014 by this Court by making the following observations :
"In view of the above, the writ petition is disposed of with the direction upon the respondent No.2 to examine the contents of the letter of the DIOS dated 13th October 2014 and offer requisite assistance in the form of providing records and information which may be required for the purpose of holding of fresh elections. The Assistant Registrar for the purposes may also afford an opportunity of hearing to the parties concerned. The Assistant Registrar will ensure that the aforesaid exercise is carried out within a period of six weeks from the date of production of the certified copy of this order."
Based on the order dated 27.11.2014 passed by this Court the Assistant Registrar has passed the order impugned dated 16.1.2015. By the order dated 16.1.2015 the respondent no.2 has approved and attested the list of 275 members. The order dated 16.1.2015 was challenged by means of a writ petition No. 7778 of 2015, which is dismissed vide order dated 30.5.2019. An order was passed by the DIOS dated 1.4.2015 by which he has refused to hold the election on the ground that the writ petition no. 43229 of 2014 is pending. Another Writ Petition No. 3847 of 2015 was filed by the respondent no.4 with a prayer to hold the election of the committee of management and the said writ petition was finally disposed of vide order dated 13.8.2015, by which this Court has directed the DIOS to hold the election in pursuance of the directions issued by the Regional Level Committee. The election therefore are held on the basis of the order passed on 9.9.2015 addressed to the respondent no.4 passed by the DIOS. The respondent no.2 has submitted an application dated 14.9.2015 before the DIOS in compliance of his order dated 9.9.2015 and has sought the election officer and observer. The respondent no.3 has passed and order dated 14.9.2015 appointing the Principal, Audhauli Inter College, Audhali as Observer and Principal of Audhauli Inter College as the Election Officer to conduct the election. The impugned election has been conducted and the election took place according to the schedule declared and the signature of the manager are attested on 30.9.2015 and the proceedings are concluded on 1.10.2015 in which the signature of respondent no.4 Zumman Ali are attested and the same has been approved.
From the perusal of the above details mentioned it is crystal clear that there is a factual disputes about the number of members of committee of management. The petitioner claims certain number of members to be genuine and on the other hand the respondent no.4 claims the different number of members. For holding the election, within a period of two years 5/6 writ petitions are filed by either of the parties in which certain directions are issued, whereas from the pleadings of the present writ petition as well as connected writ petition being Writ Petition Nos. 60856 of 2015 and 10636 of 2015, it is crystal clear that the dispute involved in all the writ petitions are about the number of members of the committee of management. This Court has no reason to keep the matter pending and to decide the correctness of the claim of either of the parties particularly, with respect of membership of the committee of management. This kind of dispute is purely factual disputes, which cannot at all be considered or decided by a writ Court under Article 226 of the Constitution of India.
In view of the aforesaid, the writ petition is dismissed. The connected writ petition are also dismissed.
Order Date :- 30.05.2019
S.S.
