MANAGEMENT COMMITTEE OF RAJA MAHENDRA PRATAP VIDYALAYA, GORKULL, NARSAN SAHARANPUR Vs. DEPUTY INSPECTOR OF SCHOOL AND OTHERS

JUDGEMENT

(1.) Election to the Committee of Management of Raja Maheudrn Pratap Vidyalaya Gurukul Narsan, Saharanpur took place on 19-12-1982. Under the scheme of Administration the term of committee of management expired on 19-12-1982 and it could continue for another one month, i.e. till Jan., 1980. Since no elections were held some of the members of the committee of management filed a complaint before the District Inspector of Schools who on 10.3.1986 directed the manager to hold elections. In pursuance of this direction 17.8.1986 was fixed as date for election of the committee of management. This admittedly was the date on which the institution was closed due to Id-ul-Zuha. It Is further not disputed that under scheme of administration three observers had to be present at the time of election, one Sent by the District Inspector of Schools, other by the District Magistrate and the third by the Superintendent of Police. Since the election was fixed on a day which was the day of Id-ul-Zuha, District Magistrate and Superintendent of Police intimated that it was not possible to send any observer on that day. Consequently the manager postponed election for 14-9-1986 Despite this postponement opposite party in Writ Petition No. 13520 of 1986 and petitioner in writ Petition No. 13094 of 1986 held election which was recognised by District Inspector of Schools on 26-8-1986. After getting recognition committee of management approached this court and Succeeded in obtaining an interim order staying elections which were scheduled to take place in lieu of the earlier order passed by the manager. The petitioner was admitted as well. When this order was produced before District Inspector of Schools, the other committee of management filed petition on 8-9-1986. Since the other committee of management had already come to this Court on 29-8-1986 it was considered expedient to take up both the petitions together and disposed them after hearing learned counsel for parties.

(2.) Admittedly the term of committee of management expired in Jan., 1986. Under the scheme of Administration the term having come to an end it was incumbent on the Deputy Director of Education to appoint a Prabandh Sanchalak who could have held elections. Instead of appointing a Prabandh Sanchalak the District Inspector of Schools directed earlier manager to hold elections immediately who claims to have,fixed date for 17-8-1986 for holding elections in pursuance of the order passed by District Inspector of Schools which was against the scheme of administration. We are not able to accept, argument of Shri Krishna Raj Sirohi, learned counsel for the other committee of management that once District Inspector of Schools permitted the earlier manager to hold elections it will be deemed to have been held as contemplated under the scheme of Administration and he should be deemed as Prabandh Sanchalak. But even assuming that it could have been done it is obvious that the election held on 17-8-1986 was not only postponed by the manager but the two observers of District Magistrate and Superintendent of Police were not present as it was a day on which Id-uz-Zuha fell. In any case in order to ensure fairness it appears the election held on 17-8-1986 and the consequent recognition of it by the District Inspector of Schools have to be quashed.

(3.) We accordingly decide both the petitions by saying that the election held on 17-8-1986 and its consequent recognition on 26-8-1986 shall be deemed be nonest. The Deputy Director of Education shall, within a month a copy of this order is produced before him, appoint a Prabandh Sanchalak who shall look after the institution. The Prabandh Sanchalak so appointed shall further hold elections afresh within a period of two months in accordance with the scheme of administration. Parties shall bear their own costs. Copy of this order may be given within 48 hours. Petition accordingly decided.