KARAMVEER SINGH Vs. STATE OF UP

JUDGEMENT

(1.) This is an appeal by a Committee of Management of an Intermediate College through Karamveer Singh claiming himself to be the Manager of the College. The challenge is to the judgment of the learned Single Judge dated 5th July, 2010 dismissing the writ petition filed by the appellants and upholding the order dated 29th March, 2010 passed by the District Inspectors of Schools. The District Inspector of Schools by the said order has upheld the elections of the Committee of Management held on 12th October, 2008.

(2.) The dispute arises out of elections of the Committee of Management of the institution, which is governed by the provisions of the UP. Intermediate Education Act, 1921 and by a duly approved Scheme of Administration acceptable to both the parties. In the previous elections of the Committee of Management of the institution, which were held on 5th December, 2004, the respondent No. 5 - Sant Pal Singh was elected as the President and the appellant - Karamveer Singh was elected as the Manager. The said elections were previously approved by the Regional Level Committee headed by on 9th February, 2005 and the signatures of Karamveer Singh as the Manager were attested by the District Inspector of Schools. The term of the said Committee of Management was about to expire and, therefore, the elections of the Committee of Management, which is presently in dispute, were held on 12th October, 2008. The appellant, who was the Manager in the previous term is stated to have been elected as the President and the respondent No. 5 who was earlier the President is stated to have been elected as the Manager. The aforesaid elections were sent to the District Inspector of Schools but the said officer did not approve of the same vide order dated 5th November, 2008 and issued a direction for holding fresh elections under the supervision of a nominated Election Officer and an Observer.

(3.) It is claimed by the appellant that fresh elections were held on 7th December, 2008, in which he was elected as the Manager and one Manoj Kumar was elected as the President. The papers relating to the said elections were submitted to the District Inspector of Schools. In the meantime, the respondent Sant Pal Singh approached the District Inspector of Schools and informed him that a compromise had taken place between him and Karamvir Singh, the appellant No. 1, and on the basis of said compromise requested that the elections held on 12th December, 2008, in which the appellant was elected as the President and the respondent Sant Pal Singh was elected as the Manager should be approved. Accordingly, the District Inspector of Schools, on such information being furnished, passed an order on 31 st March, 2009 approving the elections of 12th October, 2008.