COMMITTEE OF MANAGEMENT SHUKHPURA INTER COLLEGE Vs. ALLEGED COMMITTEE OF MANAGEMENT SHUKHPURA INTER COLLEGE

JUDGEMENT

(1.) The Committee of Management, Shukhpura Inter College, Sukhpura, District Ballia, through its Manager Shri Ram Bilas Singh and Sri Ram Bilas Singh filed this appeal challenging the judgment dated 23.4.1996 of Civil Misc. Writ Petitions Nos. 36325 of 1995, 37775 of 1995 and 38072 of 1995. By the said judgment the learned Single Judge disposed of the aforementioned three writ petitions. The operative portion of the judgment reads:

(2.) The controversy relating to election of the Committee of Management of the Institution has had a chequered career. The relevant factual position for proper appreciation of the issues raised may be stated thus :

(3.) On 22.8.1981 a Committee of Management was elected with Shri Jang Bahadur Singh as Manager and Shri Kuldeep Singh as President. The signature of the Manager was attested by the District Inspector of Schools, Ballia (for short DIOS). On 11.1.1983, on some complaints made by some defeated candidates questioning the validity of the election held on 22.8.1981, the matter was referred to the Joint Director of Education. The reference was treated as one under Section 16-A(7) of the U.P. Intermediate Education Act, 1921 (hereinafter referred to as the Act). The Joint Director of Education holding that the election was invalid, declined to recognise the Committee of Management and directed the office bearers of the outgoing Committee of Management to hold fresh elections. The elected Committee of Management challenged the said order before this Court in Writ Petition No. 2375 of 1983 filed on 28.2.1983 and this Court stayed operation of the order dated 11.1.1983 as a result of which the Committee of Management continued to function. The writ petition was dismissed on 15.1.1991 as having become infructuous by efflux of time and this Court directed that fresh elections be held according to law. In the mean time in 1985 the Scheme of Administration of the Institution was amended and provision was made in Clause 7 thereof that after expiry of three years and one month, the Committee of Management shall cease and if no fresh elections have been held during this period, the Deputy Director of Education (DDE for short) shall appoint Prabandh Sanchalak for holding election of the Committee of Management. After dismissal of Writ Petition No. 2375 of 1983,the Committee of Management with Sri Kuldeep Singh as President and Sri Jang Bahadur Singh as Manager sought permission from the DIOS for notifying the election programme and sent a copy of the letter to the DDE. The DDE directed the DIOS that fresh election be held as directed by this Court. The DIOS granted permission to notify the election programme and in the election held on 8.2.1992 Sri Jang Bahadur Singh was elected as President and Sri Ram Bilas Singh was elected as Manager. On 26.2.1992 the DIOS attested the signature of Ram Bilas Singh as Manager. One Ram Naresh Singh filed a writ petition challenging the election of the Committee of Management and seeking direction to the DIOS to refer the dispute under Section 16-A(7) of the Act. The said writ petition filed by Sri Ram Naresh Singh was dismissed on 3.11.1993 with the observation that he himself may make a representation/reference under Section 16-A(7) of the Act to the DDE. Thereafter, Sri Ram Naresh Singh filed a representation/reference before the DDE claiming that he has been elected as Manager and Sri Lakshmi Narain Giri has been elected as President in the election held on 8.2.1992. By order dated 29.1.1995 (Annexure 6 to Writ Petition No. 36325 of 1995) the DDE held the election of Sri Ram Bilas Singh as Manager and Sri Jang Bahadur Singh as President to be valid and also held that the said Committee of Management was in effective control of the Institution. The DDE further directed the elected President and Manager to hold fresh election as their term was due to expire. In the fresh election held on 5.2.1995 Sri Ram Bilas Singh and Sri Jang Bahadur Singh were elected as Manager and President respectively. They submitted papers to the DIOS for attestation of the signature of the Manager. Similarly, Nagendra Singh respondent No. 2, submitted papers claiming to have been elected as Manager with Sri Lakshmi Narain Giri as President in the election held in 1995 and Sri Kuldeep Singh respondent No. 4 also submitted papers claiming to have been elected as President with Sri Lakshmi Narain Giri as Manager in the said election. The DIOS made a reference under Section 16-A(7) of the Act to the DDE to decide the dispute. The DDE, on consideration of the matter held by the order dated 8.10.1995 (Annexure 16 to Writ Petition No. 36325 of 1995) that the Committee of Management with Sri Ram Bilas Singh as Manager and Sri Jang Bahadur Singh as president was duly elected in the election held on 5.2.1995 and further held that the said Committee of Management was validly constituted and was in effective control of the Institution.