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Court No. 39
Civil Misc. Writ Petition No. 41408 of 2010
Harveer Singh
Vs.
District Inspector of Schools, Bulandshahr & Ors.
~~~~~~~
Hon'ble Dilip Gupta, J.
The petitioner who was elected as the Manager in the earlier election
has sought the quashing of the order dated 9th July, 2010 passed by the
District Inspector of Schools, Bulandshahr by which he has approved the
elections of the Committee of Management of the Institution held on 21st
June, 2010 with Richhpal Singh as the Manager.
The records of the writ petition indicate that pursuant to the directions
issued by the Court on 5th December, 2009 in Writ Petition No.65830 of
2009, the Joint Director of Education passed an order on 25 th March, 2010
appointing a Prabandh Sanchalk for holding fresh elections of the
Committee of Management of the Institution. The Prabandh Sanchalak
appointed Ram Kumar Yadav as the Election Officer and Surendra Singh as
the Co-Election Officer and the election programme was declared on 28th
May, 2010 under the signatures of the Prabandh Sanchalak and the Election
Officer. The petitioner was informed by the Prabandh Sanchalak by the
communication dated 29th May, 2010 that the elections will be held on the
basis of the list of 2204 members. The petitioner filed objection dated 31st
May, 2010 before the Prabandh Sanchalak that the list of 2204 members is
not correct and infact the list of members of the General Body contains 2815
members. The Prabandh Sanchalak, acting upon the aforesaid representation
filed by the petitioner, directed the Election Officer by the communication
dated 31st May, 2010 to postpone the election process till the dispute about
the electoral college is decided. The Prabandh Sanchalak then proceeded to
determine this dispute about the electoral college and in the meantime the
District Inspector of Schools on 7th June, 2010 also directed that the
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appointment of the Observer by the order dated 2nd June, 2010 shall stand
cancelled since the election had been postponed. The Prabandh Sanchalak
adjourned the hearing in view of the request made by the erstwhile President
and in the hearing held on 9th July, 2010 when the Prabandh Sanchalak was
informed that the elections have been held on 21st June, 2010 he disapproved
the elections since the holding of the election had earlier been postponed by
him. However, the District Inspector of Schools on 9th July, 2010 passed an
order approving the elections of the Committee of Management of the
Institution held on 21st June, 2010.
It is the contention of Sri Ashok Khare, learned Senior Counsel for the
petitioner that once the Prabandh Sanchalak had postponed the elections and
the District Inspector of Schools had cancelled the appointment of the
Observer, the elections could not have been held on 21st June, 2010. It is also
his submission that the District Inspector of Schools has approved the
election held on 21st June, 2010 without giving any reason as to why the
electoral college of 2204 members on the basis of which the election was
held was valid.
It is the submission of Sri C.B. Yadav, learned Senior Counsel for the
respondent-Committee of Management that the present petition at the
instance of one member should not be entertained and in any case, once the
election notification has been issued, the Prabandh Sanchalak had no
jurisdiction to pass an order postponing the elections.
In the present case, as noticed above, the Prabandh Sanchalak, who
had issued the election notification, had himself passed an order postponing
the elections since there was a serious dispute about the electoral college.
The District Inspector of Schools, in such circumstances, had also cancelled
the appointment of the Observer. Initially, the respondents moved an
application for adjournment of the dispute before the Prabandh Sanchalak
regarding the determination of the electoral college, but on 9th July, 2010,
they stated that the elections had been held on 21st June, 2010. This election
was not approved by the Prabandh Sanchalak but the District Inspector of
Schools has approved the said election observing that the Prabandh
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Sanchalak could not have postponed the elections once the notification had
been issued. Once the election had been postponed by the Prabandh
Sanchalak, many members of the electoral college may not have participated
in the election process or filed nomination papers under the impression that
the elections will not be held and indeed it has been pointed out that only
one member filed nomination paper against each post. In such
circumstances, the election should not have been held on 21st June, 2010.
The District Inspector of Schools has also not adjudicated upon the electoral
college since there was a serious dispute. In such circumstances, prima-facie,
it is not possible to accept the submission of learned Senior Counsel for the
respondent that the present petition at the instance of one member should not
be entertained or that the election should not have been postponed as the
notification had been issued.
Learned Standing Counsel appears for respondent Nos. 1, 2 and 3. Sri
C.B. Yadav, learned Senior Counsel has made submission on behalf of
respondent No.4. A counter affidavit has also been filed on behalf of
respondent No.4. The remaining respondents may file the counter affidavit
within three weeks. Rejoinder affidavit, if any, may be filed within a week
thereafter.
List this petition in the week commencing 30th August, 2010.
Till the next date of listing, the operation of the order dated 9 th July,
2010 passed by the District Inspector of Schools, Bulandshahr shall remain
stayed. It is further ordered that the Prabandh Sanchalak who had earlier
been appointed by the Joint Director of Education shall continue to manage
the affairs of the Institution till the next date of listing.
Date: 19.07.2010
SK