B.S. Verma And Anr. vs Gordhan Sharma And Ors.
1995 Latest Caselaw 604 Del

JUDGMENT

Devinder Gupta, J.

(1) This application by defendants I and 2 under Section 151 of the Code of Civil Procedure (for short "the Code") seeking directions as regards the result declared by the Court Commissioner on 30th March, 1994 and for issuing directions to the Court Commissioner to continue administering the school till fresh elections are held.

(2) On 14th February, 1994 with consent of the learned Counsel for both the parties Justice Jagdish Chandra, a retired Judge of this Court, was appointed as a Commissioner to conduct the elections of Shaheed Udham Singh Society. He was also empowered to prepare the electoral roll and to decide the objections, if any, made by the parties. The Court Commissioner was also appointed as an Administrator to run the two schools managed by the Society. It is not in dispute that elections were conducted by the Commissioner, but no orders were passed thereafter as regards the handing over of the management of the schools to the elected Managing Committee. In the meanwhile. Justice Jagdish Chandra, through letter dated 17th May, 1994 expressed his inability to continue as an Administrator to manage the schools. With the consent of the parties. Justice Charanjit Talwar, a retired Judge of this Court was appointed as an Administrator to run the schools till further orders. On 6th October, 1994, in view of the communication received from Justice Charanjit Talwar, Mr.Vimal Kumar, Deputy Registrar of this Court was appointed as Deputy Administrator to look after the work of the administrator in his absence.

(3) The prayer which has been made in this application by defendants I and 2 is to hold the declaration of result by the Commissioner as null and void and to direct the Commissioner to continue administering the schools till fresh elections are held. Objection to the declaration of result on behalf of defendants I and 2 are that the voter's list was finalised after deciding objections. 42 members were found to be valid members entitled to participate inelections. On 30th March, 1994, the date of elections, 38 members were present. The precise objection is that the election was conducted by sho

(4) I have heard learned Counsel for the parties and gone through the entire proceedings of the election which have been placed on the Court's record. The objections raised by the defendants prima facie appears to be sound and attractive but on examining the entire election record and the manner in which election appears to have been conducted, I do not find any substance in the submission made on behalf of learned Counsel for the defendants.

(5) The proceedings as recorded by the Commissioner do suggest that on 30th March, 1994, before the contest for holding elections as many as 38 members were present and their presence was recorded in the register prescribed for the purpose. The number of valid voters was 42 but 38 members were present which formed the quorum, namely, 2/3rd members. Election process commenced by inviting names of candidate for each post one after the other. The members present were asked to vote for each one of them by raising of hands. Counting was also done and completed immediately for each candidates. The posts contested were those of Secretary (1) and executive members (10). First of all for the post of Secretary candidate was B.S.Verma. His name was called out. He is shown to have secured 20 votes by show of hands. Thereafter name of Shri Gordhan Sharma was called out. Out of members present, nineteen voted in his favor. In view of B.S.Verma having secured 20 votes result for the post of Secretary was announced immediately. The Commissioner thereafter asked the members to vote for the 10 posts of executive members. Name of each candidate was called out one after the other. After calling out name of each candidate, the members were asked to vote by raising of hands. The result for the 10 posts was declared after the counting was completed. Proceedings record the names of the successful candidates, namely, Secretary and 10 post of the Executive. One of the elected Executive Member resigned by moving an application. His application was accepted and in his place the next candidate was declared elected. After this process was over, the Secretary and 10 Executive Members met to elect the office bearers of the society from amongst themselves through secret ballot. That result is also recorded in the proceedings. After the election for the office bearers of the society was over, a new Managing Committee for managing Saheed Udham Singh Smarak Co-ed Secondary School was nominated and constituted. It is also recorded that elections were peaceful and nothing untoward happened. The proceedings also record that election was conducted as per the election programme. Only 21 members had obtained nomination papers which were filed on 28th February, 1994 and 1st March, 1994. On 2nd March, 1994 scrutiny was done. Two nomination were withdrawn. Elections were held as scheduled on 30th March, 1994.

(6) The objection raised on behalf of the defendants as regards the alleged flaw in counting can very well be explained. When name of the first candidate for the post of Secretary was called out, total hands raised were counted 20 and when the name of the second candidate for the post of Secretary was called in his case, the total hands raised were 19. The Commissioner declared the candidate securing 20 votes to be a successful candidate for the post of Secretary. It cannot be ruled out that one of the members must have voted twice for both the candidates, but that alone cannot vitiate the result of election, which is otherwise fair, in view of the procedure which was chosen by the Commissioner and which was not objected to. The proceedings further show that for the Executive Committee there were as many as 17 candidates. Name of each candidate, as per proceedings, was called out one by one and in each case number of hands raised were counted and recorded against the column (vote secured). In no case votes secured are more than 38. Anil Aggarwal secured the highest number of votes, namely, 37, whereas the lowest number of votes secured are 13 by Sham Lal. Since 10 members were to be elected; accordingly the 10 candidates having secured highest number of votes were declared aselected. RajanJain,who was elected as one of the members tendered his resignation in writing. In his place the next candidate, namely, Pawan Kumar Aggarwal was declared elected, who was next in the list. No fault can be found in the manner in which the election was conducted. Resultantly the application needs rejection which is dismissed.

(7) As a result of dismissal of defendants' application, it is directed that the Administrator including the Deputy Administrator will forthwith hand over the Management of the School to the newly elected Managing Committee as per the report dated 12th April, 1994 of Justice Jagdish Chandra, the Court Commissioner as a result of the election conducted by him on 30th March, 1994. The newly elected Managing Committee on resuming the charge, which will be handed over by the Administrator and Deputy Administrator respectively. Will hold the office for full term to be computed from the date of assumption of charge in accordance with the provisions and bye-laws of the Society.

(8) A copy of this order be sent to the Administrator and Deputy Administrator for handing over the Management to the newly elected committed as directed above. Ordered accordingly.

(9) List for framing of issues on 10th October, 1995. I.A.10351/93

(10) Time for filing affidavits by parties is extended by another four weeks, namely, four weeks to the plaintiff and four weeks to the defendants. List on 10th October, 1995.