JITENDRAPAL Vs. THE COMMITTEE OF MANAGEMENT KANYA KALYAN GURUKUL SHIKSHA SANSTHAN UCHCHTHAR MADHYAMIK VIDYALAYA AND ORS.

JUDGEMENT

(1.) THIS is a Special Appeal against the judgment of the learned Single Judge dated 18 -11 -91 passed in writ Petition No. 22938 of 1990. The facts of the case are that an election was held on 3 -1 -84 for electing the Committee of Management, in which election Sri Udaivir Singh was elected as Manager, The next election of the Committee of Management was held on 4 -11 -88, and Sri Yashpal Singh was elected as Manager in this election. The Regional Inspectress of Girls' Schools, Meerut, vide letter dated 6 -12 -1988 (Annexure 6 to the writ petition) communicated her approval to the District Inspector of Schools regarding the elections held on 4 -11 -88.

(2.) SUBSEQUENTLY , on 27 -8 -1990 the Regional Inspectress of Girls Schools passed an order (Annexure 20 to the writ petition) revoking the approval granted by her on 6 -12 -1988 regarding the election held on 4 -11 -1988. Thereafter, the Deputy Director of Education also passed an order dated 30 -8 -1990 and appointed a Prabandh Sanchalak under clause (8) of the Scheme of Administration. The orders dated 27 -8 -1990 and 30 -8 -1990 were impugned in the writ petition.

(3.) UNDER Clause (8) of the Scheme of Administration the term of the Committee of Management automatically comes to an end on the expiry of three years and one month from the date of the previous election. Hence, the term of the Committee of Management elected on 3 -1 -1984 automatically come to an end on the expiry of three years and one month from 3 -1 -1984 i.e. it came to an end on 3 -2 -1987. Hence, the Committee of Management elected on 3 -1 -1984 had no power to hold the election after its term had came to an end on 3 -2 -1987. As such, the election held on 4 -11 -1988 was wholly null and void.