COMMITTEE OF MANAGEMENT OF RASHTRIYA KISSAN COLLEGE SHYAMLI MUZAFFARNAGAR Vs. VICE CHANCELLOR CHAUDHARY CHARAN SINGH UNIVERSITY MEERUT AND ANOTHER

JUDGEMENT

(1.) Since counter-affidavit and rejoinder-affidavit in this case were filed by the parties and the case was ready for hearing, as desired by the learned counsel for the parties. I have heard this petition finally and the same is being disposed of at this stage.

(2.) By this petition under Article 226 of the Constitution of India, petitioners pray for issuance of a writ, order or direction quashing the order dated 24/29.9.1997 passed by the Vice-Chancellor, Chaudhary Charan Singh University, Meerut (for short 'the University') recognising the Committee of Management of which respondent No, 2 as the Secretary/Manager as duly constituted Committee of the College and also for a writ, order or direction in the nature of mandamus commanding the respondents to treat the petitioner No. 1 to be validly elected Committee of Management of Rashtriya Kissan College, Shamli, district Muzaffarnagar (for the short 'the College') and not to interfere in its working in any manner whatsoever.

(3.) The relevant facts of the case giving rise to the present petition in brief are that it was on 22.8.1993 that the last but one election of the office bearers and members of the College, which was affiliated to the University, was held, in the said election. Sri Shyam Singh was elected as the President and Sri Jai Pal Singh, petitioner No. 2. as the Secretary-cum-Manager of the Committee of Management. Papers relating to the said election were submitted before the Vice-Chancellor of the University for approval. Sri Surendra Verma and Sri Ved Singh raised the dispute before the Vice-Chancellor regarding the election dated 22.8.1993 and claimed themselves to have been elected in the election held on 12.9.1993 as President and Secretary respectively. The Vice-Chancellor, by his order dated 4.5.1995 upheld the validity of the election of the petitioners dated 22.8.1993. Thereafter Sri Surendra Verma and Sri Ved Singh challenged the validity of the order dated 4.5.1995 before this Court. However, the writ petition filed by them was got dismissed and representation under Section 88 of the U. P. State Universities Act was filed before the Chancellor. In the meanwhile, one Sri Giri Raj Singh filed Original Suit No. 106 of 1993 challenging the validity of the aforesaid election dated 22.8.1993. The said suit was decreed ex parte on 20.9.1995 ; and the petitioners, thereafter, filed an application under Order IX. Rule 13, C.P.C. The representation filed against the order passed by the Vice-Chancellor was allowed, the order passed by the Vice-Chancellor was set aside and the case was remanded back to the Vice-Chancellor for decision afresh after affording an opportunity of hearing to the parties. In the meanwhile, on 18.8.1996 fresh elections were held in which both parties claimed to have been elected. Challenging the validity of the order passed by the Chancellor Civil Misc. Writ Petition No. 28796 of 1996 was filed. The said writ petition was disposed of finally by judgment and order dated 31.1.1997 and the Vice-Chancellor was directed to decide the validity of the election held on 18th August, 1996 without taking into consideration the order passed by the Chancellor in respect of the earlier election. Petitioner, thereafter, approached the Vice-Chancellor and made representation. The Vice-Chancellor upheld the validity of the election held on 18.8.1996 in which Sri Surendra Verma and Tej Pal Singh claimed to be elected, by judgment and order dated 24/29.9.1997. Petitioners have challenged the validity of the said order in the present case.