NAZIMUDDIN Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) NAZIMMUDDIN claiming himself to be the erstwhile President of the Committee of Management of the Institution and member of the General Body, has filed this petition for setting aside the order 1st January, 2010 passed by the District Inspector of Schools by which the election of the respondent -Committee of Management with Ashwani Kumar Bhardwaj as the Manager has been approved. The petitioner has also sought the quashing of the order dated 3rd May, 2010 passed by the Regional Level Committee by which the representation dated 28th January, 2010 filed by the petitioner against the said election has been rejected and the Committee of Management of the Institution with Ashwani Kumar Bhardwaj has been approved.

(2.) IT is stated that Nehru Adarsh Inter College, Alapur, District Badaun (hereinafter referred to as the 'Institution') is an Institution recognised under the provisions of the U.P. Intermediate Education Act, 1921. It is run by a Society known as Nehru Adarsh Vidyalay Alapur, District Badaun. The Institution has its own Scheme of Administration. In the election of the Committee of Management of the Institution held on 19th December, 2004, Fahimuddin was elected as the Manager, respondent No. 5 Rajesh Kumar was elected as the President and the petitioner was elected as the Treasurer. This election was approved by the District Inspector of Schools by the order dated 1st January, 2005 on the basis of the recommendation made by the Regional Level Committee. It is also stated that since respondent No. 5 -Rajesh Kumar was acting against the interest of the Society/Institution he was removed from the post of President of the Committee of Management by the resolution dated 27th April, 2006 and this decision was also intimated to the District Inspector of Schools and the Joint Director of Education. However, by the order dated 31st July, 2006, the Joint Director of Education appointed a Prabandh Sanchalak in the Institution. This order was challenged by the petitioner in Writ Petition No. 43168 of 2006 which was allowed by the judgment and order dated 19th August, 2006 and the order dated 31st July, 2006 was set aside. Subsequently, the signatures of Fahimuddin as Manager were attested by the District Inspector of Schools on 14th September, 2006.

(3.) IT is also stated that earlier the process for enrolling new members in the General Body was initiated and the petitioner in his capacity as the President enrolled 25 life members and 26 ordinary members. This list was submitted by the petitioner before the District Inspector of Schools as well as the Joint Director of Education on 7th December, 2007. The term of the Committee of Management was going to expire on 19th December, 2009 and, therefore, the meeting of the Committee of Management was held on 16th September, 2009 in which the Manager was authorised to hold the elections. The election programme was published and by the letter dated 26th October, 2009, the petitioner requested to the District Inspector of Schools to provide the Presiding Officer. The District Inspector of Schools provided the Presiding Officer for the elections to be held on 20th December, 2009 but subsequently passed an order on 19th December, 2009 for postponing the election to be held on 20th December, 2009 till the registered list of members was received from the office of the Assistant Registrar, Firms, Societies and Chits, Bareilly (hereinafter referred to as the 'Assistant Registrar'). The Assistant Registrar also passed an order on 19th December, 2009 approving the list of life members from serial Nos. 1 to 79 and ordinary members from serial Nos. 80 to 100 submitted by the President for the year 2008 -09 and 2009 -10. The District Inspector of Schools then sent a letter dated 29th December, 2009 to the Principal of the College mentioning that for the elections of the Committee of Management of the Institution to be held on 30th/31st December, 2009 he has appointed the Election Officer and a list of members of the General Body submitted by the Assistant Registrar was also enclosed.