VIVEKA NAND SHIKSHA SAMITI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgement of the single Judge dt. Jan. 15, 1992 by which the writ petition filed by the appellant was dismissed. Appellant Viveka Nand Shiksha Samiti, Nangal Chaudhary (hereinafter referred to as Society) is a registered Society. Appellant-Society authorised Shri Mala Ram, president of the Governing Body of the Viveka Nand College to file the writ petition under Art. 226 of the Constitution of India for the issuance of a writ of mandamus to the respondents to hand over the Management of Viveka Nand College, Nangal Chaudhary to the newly constituted Governing Body of Viveka Nand College, Nangal Chaudhary.

(2.) The Society runs a degree college in the name of Viveka Nand College, Nangal Chaudhary since 1987. Election of the Governing Body of Viveka Nand College was earlier held on 3/04/1988 and the term of the Governing Body was for three years. In the month of April, 1990, Government issued a show cause notice to the Management/President of the Governing Body of the College to show cause as to why the Management be not taken over by the Government. Since no reply was submitted, Government took over the Management of the College vide letter dated 27/07/1990 and an Administrator was appointed for a period of one year and in pursuance of appointment of the Administrator, he joined on Aug. 7, 1990. The term of the Administrator expired on Aug. 6, 1991.

(3.) The Society decided to hold the election on 27/07/1991 and for that purpose a Returning-cum-Presiding Officer was appointed. Returning-cum-Presiding Officer wrote a letter on 13/07/1991 to the Dean, Colleges, Development Council, M.D. University, Rohtak stating that the Society has decided to hold the election of the Governing Body, that he had been appointed as Returning-cum-Presiding Officer to hold the election, and that copy of the election programme was being sent to him and the Dean was requested to send his nominee at the time of election so that the election could be held according to the programme. A copy of the letter was also sent to the Director, Higher Education, Haryana with a prayer that nominee be sent at the time of election. In pursuance of the request made by the Returning-cum-Presiding Officer, the Director, Higher Education, Haryana appointed the Principal, Government College, Narnaul as an Observer at the time of election which was to be held on 27/07/1991 at 10.00 a.m. and the Principal was directed to send his report to the effect whether the election had been held properly as per rules immediately. Election of the Governing Body was held on 27/07/1991 and the nominee of the Government informed the Director, Higher Education, Haryana that the election of the Governing Body was held at the time fixed in the programme and the election held was valid. It was further stated by the Principal that the election has been held in accordance with law and the report of the election in original was sent to the Director, Higher Education.