MANSA YADAV Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Indra Raj Singh, learned counsel appearing for the petitioners as well as learned Standing Counsel appearing for the State-respondents and Sri D.S.M. Tripathi, learned counsel appearing for the contesting respondent No. 6. Counter and rejoinder affidavits have been exchanged between the parties and with the consent of the learned counsel for the parties, this writ petition is being disposed of at this stage.

(2.) The dispute in this writ petition is with regard to the recognition of the election of the Committee of Management held on 14.5.2002 granted by the Joint Director of Education vide his order dated 27.3.2004, whereby Smt. Geeta Devi Dwivedi has been recognized as elected Manager of the Committee of Management.

(3.) This case has a chequered history as the Prabandh Sanchalak has been continuing to manage the institution since the year 1990. Various petitions have been filed from time to time for a direction that the elections of the Committee of Management be held. After the elections had been held, it was in Writ Petition No. 19464 of 2002 and other connected petitions in which following directions had been issued on 23.10.2002 by the learned Single Judge of this Court:-In the circumstances all these writ petitions are disposed of with a direction that the paper relating to election which have been submitted to the District Inspector of Schools will be permitted to be examined by both sides, who may file their respective representations objections, with regard to the voter list from which elections have been conducted as well as any other objection to the election. If such objections are received by the D.I.O.S. within three weeks from today he will refer all the objections alongwith record to the Joint Director of Education, Varanasi Region who will look into the matter and after hearing both sides will decide the issue within one month from the date on which he receives papers. The approval of the result of election will depend upon the decision of Joint Director of Education, Varanasi Region, Varanasi. (emphasis supplied) The aforesaid order was cnallenged by the petitioners herein by filing Special Appeal No. 1203 of 2002. By the judgment and order dated 5.1.2004 the Division Bench of this Court declined to interfere with the order of the learned Single Judge but however, observed that "the contention that some voters have wrongly been included in the voter list and therefore, the election held on the basis of that list is illegal and as such this Court can set aside the same in exercise of writ jurisdiction cannot be accepted as the appropriate remedy is to challenge such election either by raising claim before the committee constituted by G.O. dated 19.12.2000 consisting of Joint Director of Education and others or by filing suit before the competent court but the writ petition at the first instance cannot be maintained." However, in the end. it was also observed that since it was stated at the Bar that in terms of the order of the learned Single Judge the parties had already filed their objections before the Joint Director of Education for consideration, it was provided that the District Inspector of Schools shall forward the objections which shall be considered and disposed of by the Committee after affording opportunity of hearing to the parties.