SANJEEV TYAGI Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) By means of this writ petition, moved under Article 226 of the Constitution of India, the petitioners, some of members of the general body of Nehru Rastriya Inter College, Manglore, Haridwar, have sought writ in the nature of mandamus commanding the respondent Nos. 3 and 4 to call for and finalize the list of voters of the members of general body of the institution for getting the election conducted of the Management Committee. It is further prayed that writ in the nature of certiorari be issued to quash the election programme issued by respondent No. 7 for election of the Management Committee of the College. Finally, it is also prayed that mandamus commanding the respondent Nos. 3 and 4 i.e., Joint Director of Education, Garhwal Mandal, Pauri and District Education Officer, Haridwar respectively, to get the election of the Committee of Management held strictly in accordance with the provisions of the Scheme of Administration from amongst the valid members.

(2.) BRIEF facts of the case, as narrated in the writ petition, are that the petitioners are the life members of the Society, known as Nehru Rastriya Inter College, Manglore, Haridwar, which is running an educational institution in said name through its Committee of Management. The last election of Committee of Management of the institution was held on 16.5.2002 in which Sri Sanjay Sharma (respondent No. 6) was elected as the Manager of the institution. The period of elected Committee of Management is three years, and it gets one month further period for the purposes of completing the process of election for new Committee of Management. A copy of Scheme of Administration has been annexed as Annexure -1 to the writ petition. Under Clause (5) read with Clause (8) of said Scheme, a person can be inducted as life member of the Society on payment of Rs. 1,000 as fee and a person can be inducted as member for three years on payment of Rs. 300 provided the said membership is duly approved under Section 16 of the U. P. Intermediate Education Act, 1921. It is alleged in the writ petition that respondent No. 6 illegally got inducted as many as 220 members in the .Society between the period 10.10.2002 to 20.4.2003. Not only this, the respondent No. 6 vide meeting dated 27.1.2003 got amended the Clause (5) of the Scheme, enhancing the fee for life membership from Rs. 1,000 to Rs. 10,000, and for ordinary members from Rs. 300 to Rs. 3,OOO. On said amendment, a complaint was made against respondent No. 6 by other members including the petitioners to the higher authorities of the Education Department. On said complaint, the Principal, Government Inter College, Roorkee was appointed enquiry officer who found that many of the members shown to have attended said meeting dated 27.1.2003, have not attended and their signatures were fabricated. On said report under orders of respondent No. 3, respondent No. 4 vide his order dated 28.5.2004 directed the respondent No. 6 that the amendment made in the Scheme of Administration be cancelled and the membership of new members inducted by him, be declared invalid. Thereafter, respondent No. 6 submitted list of 338 members showing them as valid members. But said list was also in utter disregard to the orders issued by the authorities of the Education Department. The orders of the respondent Nos. 3 and 4 passed in this regard were not challenged by respondent No. 6 and were final. Respondent Nos. 3 and 4 are also under legal obligation to ensure the election of the new Management Committee strictly in accordance with the provisions of Scheme of Administration. According to the petitioners, the election programme published for the new Committee of Management being violative of the Scheme of Administration is liable to be quashed. Hence, this writ petition.

(3.) IN the counter -affidavit filed on behalf of respondent No. 6 the allegation of induction of 220 members by the Committee of Management was made by fraud, has been denied. It has also been denied that the Committee of Management has made no new members on the enhanced fee. It has been stated by respondent No. 6 that the enhancement of membership fee has never been given effect to. It has further been stated in the counter -affidavit that the Committee of Management vide meeting dated 12.1.2005 had notified the date of election as Sunday, 15.5.2005. The proposed elections were being held according to the Scheme of Administration.