COMMITTEE OF MANAGEMENT SRI RADHA KRISHNA SANSKRIT MAHAVIDYALAYA Vs. DEPUTY DIRECTOR OF EDUCATION GORAKHPUR REGION

JUDGEMENT

(1.) This special appeal has been filed against the decision of the learned Judge dated 17-8-1992 dismissing the writ petition filed challenging the order of the Dy. Director of Education dated 28th July 1992 by which he had decided as to who were entitled to vote and participate in the election of the Committee of Management of Shri Radha Krishna Sanskrit Mahavidyalaya.

(2.) The facts briefly stated are that Shri Radha Krishna Sanskrit Mahavidyalaya, Laxmi Niwas Bagh, Deoria, is a registered society which runs a degree college under the name of Sri Radha Krishna Sanskrit Mahavidyalaya (hereinafter called the college) in district Deoria. It is affiliated to the Sampurnanand Sanskrit Vishwavidyalaya, Varanasi. The college is run and managed by a Committee of Management which is to be elected in accordance with the bye-laws of the society of the college. The dispute regarding ' the election of the members of the Committee of Management is going on since the year 1985. The elections were held several times and such election was challenged either by the Appellant or by the Respondents. On a reference being made to the Chancellor under Section 68 of the U.P. State Universities Act, 1973, the Chancellor referred the matter for decision to the Dy. Director of Education and on 21-6-1989 the order was passed by the Dy. Director of Education directing to hold fresh elections. His decision was challenged by way of representation by the Appellant No. 2 before the Vice Chancellor which was rejected by him on 1-8-1990. The Appellant No. 2 challenged the said order before the Chancellor under Section 68 of the U.P. State Universities Act, 1973. The Chancellor set aside the said order of the Vice Chancellor by order dated 23-2-1991. The Respondent No. 3 filed Civil Misc. writ petition No. 6515 of 1991. This Court passed an interim order which was modified on 15-11-1991 and a direction was given to the Dy. Director of Education to hold fresh election of the Committee of Management and the Dy. Director of Education was further empowered to decide about the persons who were entitled to vote in the election of the members of the Committee of Management. In accordance with the said direction the Dy. Director of Education by an order dated 17-8-1992 decided the persons who were entitled to participate in the election, The order was passed after giving an opportunity of hearing to both the parties.

(3.) The Appellants filed the writ petition challenging the order of the Dy. Director of Education on the basis that the findings recorded by the Dy. Director of Education was erroneous and he wrongly and illegally excluded 33 members of the society who were entitled to participate in the election of the Committee of Management. The learned Single Judge relying upon his earlier decision in Civil Misc. Writ Petition No. 25472 of 1991 Hridaya Narain Rai v. Dy. Director of Education and others dismissed the writ petition taking the view that the Court should not exercise its power under Article 226 of the Constitution regarding an election process at its intermediate stage.