RANJEET SINGH Vs. J&K LECTURERS

JUDGEMENT

(1.) Lecturers working in Higher Secondary Schools District Institutes of Education, (DIE's), State Institute of Education and on deputation in different departments, constituted an Organization/ Association in 1978-79 under the name and style of "Jammu and Kashmir Lecturers Forum (Jammu Province)". The aims ad objects of the Association inter alia were to project just demands of the Lecturers, improve their economic status and working conditions and to work for better standards in education. The promoters of the Organization/ Association drafted a Constitution to provide for administrative structure of the Forum, delineate the duties of the office bearers of the Forum, the structure of various committees, mode and method of convening meetings and such other matters. The members of the Forum on 27th November 2006 on the eve of State Level Education Conference of the Forum made a number of amendments in the Constitution of the Forum. The amendments included one whereby the name of the Forum was changed to "All J&K Plus 2 Lecturers Forum". The Forum thus expanded its activities to whole of the State of Jammu and Kashmir and decided to be headquarters at Srinagar/Jammu in Summer and Winter respectively. The Election Authority, constituted in terms of the Para 5 of the Constitution on 25th April 2010, notified Schedule for election to various posts of the Forum. The Election Authority on the same date issued a set of instructions, pertaining to different aspects of the election. The instructions, inter alia, laid down that "the contestants must possess two years service in Plus 2 cadre" to be authenticated by the head of the Institution under his seal and signature.

(2.) The appellants, by their own admission, have been recently appointed as 10+2 Lecturers in various disciplines and were not enrolled as members of the Forum on the date the suit was instituted. The appellants, nonetheless, brought a Civil Suit before the Principal District Judge, Jammu, questioning the elections proposed to be held. The appellant sought a Declaratory Decree, declaring Election Notification as illegal, non est and void ab initio, and a Permanent Injunction Decree, restraining respondents from conducting elections to various posts of the Forum, and Mandatory Injunction Decree commanding respondents to allow appellants to contest election and also exercise their right to vote.

(3.) The appellants' case before the Trial Court was that though respondents were approached by appellants for membership of the Forum, but the respondents neither accepted/received membership fee from the appellants nor enrolled the appellants as members of the Forum. The appellants' grievance was that Election Authority, on the date the election notification was issued, also issued a set of instructions that laid down eligibility criteria for contesting elections, not mandated by the Constitution of the Forum. It was pleaded that in terms of notification, only such members of the Forum were eligible to contest elections, who possessed two years service in Plus 2 cadre whereas Constitution of the Forum did not make such restrictions. Again in terms of instructions, Principals, Senior Lecturers, Incharge Lecturers were made eligible for elections and also conferred voting rights, while as the Constitution did not provide for such rights to the Principals, Senior Lecturers and Incharge Lecturers. The instructions, the appellants insisted, were ultra vires the Constitution of Forum. The appellants alleged that the instructions were aimed at excluding appellants and other Lecturers, having less than two years service from the election process and permit the preset office bearers to perpetuate their control over the affairs of Forum. The respondents were alleged to have wrongly presented the Forum as "Jammu and Kashmir Plus 2 Lecturers Forum", whereas the Forum continued to be "Jammu and Kashmir Lecturers Forum (Jammu Province)". The appellants, on the strength of averments so made, sought above stated reliefs. Alongside the suit, appellants filed Temporary Injunction Application for stay of Election Notification dated 25th April 2010, and election process initiated thereunder.