D DURAIMURTHY Vs. CHIEF EDUCATIONAL OFFICER DHARMAPURI

JUDGEMENT

(1.) Petitioner seeks issuance of writ of certiorari, calling for the records of 4th respondent dated 20-7-1998 based on the order of 2nd respondent in his Proceedings No. 3869/A3/98 dated 16-7-1998 and quash the Order dated 20-7-1998, and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case.

(2.) Petitioner claims himself as President of Parents-Teachers Association of Anandur Government High School. It is stated that for every three years, the General Body of the Parent-Teacher Association would elect the Members of Executive Committee for administration of the Association. The elected members of the Executive Committee would function for a period of three years from the date of their election as per Rule No. 6 (ii) of the Parent-Teachers Association Bye-laws. Based on the letter of the Secretary of Chennai State Parents Teachers Association dated 10-1-1997, third respondent, by letter dated 9-6-1998, informed that the General Body of the said Association would meet on 18-6-1998 at 2-00 P.M., for the purpose of electing the Executive Committee Members. On 18-6-1998 at 2-00 P.M., majority of Members attended the General Body and elected new President, Vice-President, Treasurers and Members of Executive Committee. It is said that the deponent was elected as President, and one Vaji Ram as Vice-President and one Arunachalam as Treasurer. Third respondent is the Headmaster of the School, and, it is the case of petitioner that he was very irregular in attending the School, and there were several complaints against him, and, as President, petitioner sent several representations to respondents 1 and 2 to take necessary action against third respondent. While the period of newly elected members of the Executive Committee is subsisting, 4th respondent, under instructions of 2nd respondent, as per proceedings dated 16-7-1998, conducted a fresh election and elected new President, new Vice-President, new Treasurers and Members for the Executive Committee of the said Association. It is said that the second respondent has no locus standi or jurisdiction to direct the school authorities to conduct fresh election for electing the members of the Executive Committee. When the term of the duly elected members is not over, a fresh election cannot be conducted, and the new Committee has no right to function as such. According to petitioner, the election held on 20-7-1998 is illegal and against the provisions of Bye-laws of the Association. It is also said that there was no quorum to conduct the Election on 20-7-1998. It is said that on the basis of the alleged new election, the Office-bearers are attempting to interfere with the petitioner's right to act as President of the Association.

(3.) Detailed counter affidavit has been filed by second respondent.