COMMITTEE OF MANAGEMENT ARYA KANYA INTER COLLEGE SECUNDRA RAU ALIGARH Vs. SECRETARY ARYA KANYA INTER COLLEGE SECUNDRA RAU ALIGARH

JUDGEMENT

(1.) By means of this writ petition under Article 226 of the Constitution of India, it is prayed that the resolution which is Annexure-6 to the writ petition, adopted in the meeting dated 25.8.1997 selecting 6 executive members be quashed and the respondents be directed to select 6 executive members by informing and serving all the 51 members of the general body. Subsequently, it was also pleaded that the election held on 25.8.1997 in which Jagdish Prasad Varshney--respondent No. 7 is alleged to have been elected as Manager, be quashed.

(2.) Counter and rejoinder-affidavits have been exchanged. Heard Sri A. N. Bhargava, learned counsel for the petitioner and Sri S. S. Chauhan as well as Sri Arun Tandon, learned counsel for the respondents.

(3.) To begin with, it may be mentioned that it is not within the province of this Court exercising writ jurisdiction to decide the validity or otherwise of the selection/election of six executive members in pursuance of the meeting held on 25.8.1997. The direction that the respondents should select six executive members after giving information to 51 members of the general body cannot also be passed by this Court as such directions require scrutiny of controversial and complex facts, which is not possible in writ jurisdiction. For challenging the resolution adopted in the meeting of 25.8.1997, Annexure-6, and for the relief that all the 51 members of the general body be invited to select six executive members, petitioner may take recourse to appropriate proceedings before the competent authority. Sri A. N. Bhargava learned counsel for the petitioner frankly conceded on the above point and was fair enough in not pressing for the reliefs, which were originally incorporated in the writ petition. He. however, urged that the validity of the election dated 25.8.1997, which were held by a committee of management, the term of which had already expired, can be tested by this Court and if the elections have been held after the expiry of the term of the previous committee of management, without the agency of Prabandha Sanchalak, they have to be ignored and direction has to be passed by this Court to hold the fresh elections. This submission made on behalf of the petitioner has been repelled by S. Sri S. S. Chauhan and Arun Tandon. learned counsel for the respondents. Therefore, the moot point for consideration which arises for determination in this writ petition is that whether the new committee of management which came to be constituted as a result of the elections held on 25.8.1997 is a validly elected committee or not. On this point, i have heard learned counsel for the parties at considerable length.