COMMITTEE OF MANAGEMENT DR B R AMBEDKAR KANYA HIGHER SECONDARY SCHOOL Vs. DISTRICT INSPECTOR OF SCHOOLS MEERUT

JUDGEMENT

(1.) The petitioners had challenged an order, by which fresh election was directed to be held. The petitioners allege that on earlier occasion a writ petition was filed wherein an interim order was issued on 16th May, 1994 directing Prabandh Sanchalak to function and prepare a list of members after inviting objections. The said interim order was extended by an order dated 25.8.1994. It is alleged that, no election has been held since then. In the meantime, almost four years have elapsed. Life of the Committee of Management is about three years. If no election has been held in the meantime, it shows a very unfortunate state of affairs. The petitioners contend that since there was an interim order to the extent that no election shall be held till 18.7.1994, which was subsequently extended by order dated 25.8.1994, no election could be held now. In order to appreciate the situation, it is necessary to quote the respective orders alleged to have been passed in Writ Petition No. 17262 of 1994 which is still pending as noted in paragraph 10 of the writ petition, which are as follows :

(2.) Plain reading of the two orders shows that at the initial stage, it was directed that no election shall be held till 18.7.1994. By the order dated 25.8.1994, the said interim order was directed to continue to remain operative. Therefore, the interim order which was directed to remain operative, was the interim order, by which election was prohibited till 18th July. 1994. If it is operative, in that event, it is operative in its full text, which would mean that no election can be held till 18th July. 1994. The date having not been refixed therein, the order dated 25.8.1994 cannot be interpreted to mean that the election has been postponed for ever. If it is so, then the petitioner would be taking advantage of the Court's process and it will abuse the whole process. Election cannot be postponed for ever. An order is to be interpreted in its proper perspective so as to make it effective. It cannot be interpreted to frustrate the object and purpose thereof or the entire judicial process is rendered to its abuse. Therefore, the order as referred to above, cannot be said to be operative with regard to non-holding of the election beyond the next cause list printed after 25.8.1994. The purpose of preparing the voter-list was for the purpose of holding election and not for any other purpose, otherwise the first part of the order directing preparation of the voter-list would be wholly purposeless and infructuous. Therefore, the interpretation which I propose to give, is a proper interpretation that election was directed not to be held till three weeks after 25.8.1994. If the Prabandh Sanchalak now after four years holds election the same cannot be said to be contrary to the interim order granted. There is no earthly reason to keep the election pending for long four years. In fact, the petitioner is abusing the process of law. In that view of the matter, this writ petition is dismissed.

(3.) At this stage, learned counsel for the petitioner submits that the other writ petition being Writ Petition No. 17262 of 1994 may also be disposed of. Let Writ Petition No. 17262 of 1994 be listed in the next Suppl. Cause List.