Om Parkash Saini And Another vs State Of Punjab And Others on 5 March, 2009

C.W.P NO. 2837 OF 2009                               -1-




   IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                 CHANDIGARH


                                C.W.P NO. 2837 OF 2009
                                DECIDED ON : 05.03.2009

Om Parkash Saini and another
                                             ...Petitioners
          versus

State of Punjab and others
                                             ...Respondents


CORAM : HON'BLE MR. JUSTICE SURYA KANT


Present : Mr. Rajeshwar Singh, Advocate,
          for the petitioners.

          Mr. G. S. Attariwala, Additional AG, Punjab.

          Mr. C. L. Sharma, Advocate,
          for respondent No.4.



SURYA KANT, J. (ORAL)

The petitioners seek a direction to the Deputy

Commissioner, Hoshiarpur to conduct the elections of office

bearers of the Managing Committee of D.A.V College, Hoshiarpur

by way of secret ballot, as provided under the Rules. The

petitioners also want a restrain order against respondents No.4

and 5 from holding any meeting as their term as office bearers,

has already been expired.

Notice of motion was issued and in response thereto,

learned counsel for the parties have been heard.
C.W.P NO. 2837 OF 2009 -2-

It is not in dispute that the election of office bearers of

the Managing Committee of D.A.V College, Hoshiarpur, is due and

is required to be held immediately.

Mr. C. L. Sharma, learned counsel for respondent No.4

submits that tentatively the election is scheduled to be held on

22.03.2009. As regards the prayer that the election should be

held by secret ballot, the controversy has already been settled by

this Court vide order dated 08.02.2008 passed in C.W.P No. 1852

of 2008 (Annexure P-8). Similarly, there can be hardly any doubt

that in order to maintain purity and impartiality of the election

process, its supervision by some Administrative Authority is also

required besides the secret ballot.

For the reasons afore-stated, this writ petition is

disposed of with a direction that election of the office bearers of

the Managing Committee of D.A.V College, Hoshiarpur shall be

held positively before 31.03.2009 by way of secret ballot and

under the supervision of Deputy Commissioner, Hoshiarpur or an

Officer appointed by him for the said purpose.

Let a copy of this order be handed over to Mr. G. S.

Attariwala, Additional AG, Punjab, for information and necessary

compliance by the Deputy Commissioner, Hoshiarpur.

MARCH 05, 2009                               (SURYA KANT)
shalini                                          JUDGE