PANNA LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioners, who are five in number and claim themselves to be life members of the General Body of a recognised institution, namely, Lallu Singh Inter College Kurawali, District Mainpuri hereinafter referred to as the 'institution', have filed the present writ petition assailing the validity of the order dated 30.11.2013 passed by Regional Level Committee, whereby, objections filed by the petitioners against the elections dated 2.1.2013 held by authorised controller, have been rejected and the Committee elected with Jabar Singh as President and Kuldeep Kumar as Manager has been recognised. Further relief has been sought restraining respondent no.6, the Committee with Sri Kuldeep Kumar as Manager, from functioning; for appointing authorised controller; and for directing the respondents to re-determine the membership of the General Body.

(2.) Facts in nutshell relevant for deciding the controversy are that there is a registered society in the name of Lallu Singh Adarsh Janta Vidyalaya, Kurawali, Mainpuri (for short 'society'). It is governed by its bye laws. It runs the institution, which got its recognition upto High School level in the year 1994. The institution has approved scheme of administration, whereunder, the term of the Committee of Management is five years. An election of the Committee of Management of the institution was held on 28.6.2009 in which petitioners claim to have participated. One Madan Lal Verma was elected as Manager in the said elections. The election proceedings were submitted before District Inspector of Schools, Mainpuri for approval, who raised various queries by letter dated 7.8.2009. Thereafter, being not satisfied that the said elections have been held in accordance with the approved scheme of administration, the District Inspector of Schools, by order dated 19.11.2011, disapproved the same. The order was subject matter of challenge by the Committee through its Manager Madan Lal Verma in Writ Petition No.74431 of 2011 on the ground that in view of objections raised by District Inspector of Schools by his letter dated 7.8.2009, the Committee decided to hold fresh elections on 9.8.2009, which were also approved on 11.8.2009, therefore, there was no justification on part of District Inspector of Schools to pass the order dated 19.11.2011. The writ petition was disposed of by judgment and order dated 20.12.2011, leaving it open to the petitioners therein to move application before District Inspector of Schools for cancelling/recalling his order dated 19.11.2011. The District Inspector of Schools, thereafter, passed an order dated 13.1.2012 recognising the elections dated 9.8.2009 in which Madan Lal Verma claimed to be elected as Manager. The order dated 13.1.2012 was subjected to challenge by Preetam Singh and others by filing Writ Petition No.38364 of 2012. This Court by judgment and order dated 9.10.2012 came to the conclusion that in view of elections dated 28.6.2009 set up by Madan Lal Verma, the subsequent election dated 9.8.2009 was only an attempt to subvert the proceedings pending at the relevant time before District Inspector of Schools relating to recognition of elections dated 28.6.2009 and such elections cannot be recognised. This Court, with consent of parties, directed the District Inspector of Schools to recommend for appointment of authorised controller to the Joint Director of Education and who shall hold fresh elections of the Committee of Management of the institution after determining the electoral college as per the provisions contained in the scheme of administration.

(3.) In pursuance of the said direction, Associate District Inspector of Schools was appointed as authorised controller. He, by order dated 11.12.2012, proceeded to determine the electoral college and on basis of 3 lists submitted by Preetam Singh and others, Ranveer Singh and Madan Lal Verma determined the General Body as comprising of 149 members. The order was subjected to challenge by the petitioners no.2 to 5 herein, by filing Writ Petition No.67780 of 2012. This Court in view of the fact that election process had started, disposed of the writ petition by order dated 21.12.2012, permitting the petitioners no.2 to 5 to file their objections in respect of the determination of the electoral college and the procedure followed for holding the elections, before the District Inspector of Schools, within one week from the date the elections are held. The District Inspector of Schools was directed to examine the objections and if required, refer the same to the Regional Level Committee constituted under Government Order dated 19.12.2000. The Regional Level Committee was required to decide the legality of the elections by passing a speaking order. After elections were held and objections were filed, the District Inspector of Schools, by order dated 19.1.2013, rejected the objections filed by petitioners and approved the elections dated 2.1.2013 held by the authorised controller. The order dated 19.1.2013 by District Inspector of Schools, was subjected to challenge by the petitioners no.2 to 4 herein by filing Writ Petition No.11060 of 2013. This Court by judgment and order dated 4.3.2013 held that there is a bonafide dispute qua the electoral college and as such, the District Inspector of Schools ought to have referred the dispute to the Regional Level Committee. Accordingly, order of the District Inspector of Schools recognising the elections, was quashed and he was directed to transmit all the papers to Regional Level Committee for its decision. Pursuant thereto, the impugned order 30.11.2013 has been passed. The Regional Level Committee recognised the elections dated 2.1.2013 held by authorised controller, in which Committee with Kuldeep Kumar as its Manager was elected and rejected the objections filed by the petitioners. It also held that petitioners no.2 to 5 cannot be treated to be members enrolled as per scheme of administration. Aggrieved by the said order, present writ petition has been filed.