CHARANJIT SINGH RAI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner is seeking a writ in the nature of certiorari for quashing the elections conducted by the Sub Divisional Magistrate -cum -Returning Officer -respondent No. 4 on 04.06.2012 for electing ordinary trusties of Montgomery Guru Nanak Educational Trust -respondent No. 5 ( Annexure P -5) and meeting/resolution dated 04.06.2013 (Annexure P -6), whereby other office bearers of respondent No. 5 were elected.

(2.) THE petitioner is one of the founder trustees as well as life trustee of respondent No. 5 and has been the Chairman of the trust for the last 15 years. Prior to this, father of the petitioner S. Gian Singh Rai was the founder trustee/Chairman till 1981. The Constitution of this trust was adopted from Montgomery Singh Sabha on 10.03.1974 and thereafter, it was registered with the Registrar of Firms and Societies, Punjab, Chandigarh, under the Societies Registration Act XXI of 1860 vide certificate No. 25 dated 14.05.1974. Thereafter, the Constitution of the trust was amended and the amended Constitution was registered (Annexure P -1). As per the guidelines/regulations of CBSE, the registered trust should a non -proprietary character and its constitution be such that it does not vest control in a single individual or members of a family. Complaint (Annexure P -2) against respondent No. 6 was made to the CBSE by Manoj Sarin of Jalandhar with regard to the irregularities, mismanagement and misappropriation of public fund in connivance with Principals of various institutions run by the trust. Similar complaints (Annexures P -3 and P -4) were also made by the petitioner. However, the allegations in the complaints have not been looked into by the department of education. The appointment of the auditors are being made in violation of Clause 13 of the Constitution of the Trust. The institutions run by the trust are getting grant -in -aid from the Government. The extra income is generated to meet contributory deficit of 5%. The institutes have been collecting funds from the students under different categories, amounting to more than Rs. 35 lacs every year. For this amount, no formal audit is carried out. The said funds are being intentionally concealed from the State Government while submitting the mandatory audit report of grant -in -aid. According to the provisions of the trust, all the relatives of the trusties are prohibited from holding positions in the trust. The Secretary of the Society namely Jarnail Singh Pasricha has been conducting the proceedings and convening meetings without consulting the Chairman of the trust.

(3.) LEARNED counsel for the petitioner, while referring to the above said Constitution of the Trust, has argued that the elections of the ordinary trustees has to be conducted under Single Transferable Vote. The Single Transferable Vote cannot be divided into fraction. Hence, the election conducted by five founder trustees on 04.06.2012 (Annexure P -5) to elect six ordinary trustees is as per the provisions of the Constitution prior to 2005 and is liable to be set aside. Moreover, the petitioner had approached this Court by filing CWP No. 3888 of 2011. In that petition, the petitioner had sought directions that respondent Nos. 1 and 2 being the Secretary, Higher Education, should take steps to check the misuse/abuse and misappropriation of funds by the Secretary of the trust in connivance with the Principals of the institutes run by the trust. The said petition was disposed of vide order dated 27.03.2012 (Annexure P -8) on the basis of a consensus order. It was agreed by both the parties that fresh election of the Managing Committee would be held in time bound frame by an independent agency like Deputy Commissioner. The petitioner stated that he has no objection if the election of the Managing Committee be held on the basis of the Constitution, registered prior to 27.06.2005. It was agreed that audit of the accounts shall be done by the new Managing Committee again. While disposing of the said petition, a direction was given to the Deputy Commissioner to hold fresh election on the basis of the Constitution, which was registered prior to 27.06.2005. In compliance with the aforesaid orders, the election process was initiated and the District Collector appointed the SDM -respondent No. 4 as Returning Officer and the election was held on 04.06.2012 (Annexure P -5). Thereafter, resolution (Annexure P -6) was passed on 04.06.2012.