{"id":154079,"date":"2010-07-05T00:00:00","date_gmt":"2010-07-04T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/karamveer-singh-anr-vs-state-of-u-p-thru-secr-on-5-july-2010"},"modified":"2017-10-23T02:28:09","modified_gmt":"2017-10-22T20:58:09","slug":"karamveer-singh-anr-vs-state-of-u-p-thru-secr-on-5-july-2010","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/karamveer-singh-anr-vs-state-of-u-p-thru-secr-on-5-july-2010","title":{"rendered":"Karamveer Singh &amp; Anr. vs State Of U.P. Thru. Secr. &#8230; on 5 July, 2010"},"content":{"rendered":"<div class=\"docsource_main\">Allahabad High Court<\/div>\n<div class=\"doc_title\">Karamveer Singh &amp; Anr. vs State Of U.P. Thru. Secr. &#8230; on 5 July, 2010<\/div>\n<pre>                                    Judgment reserved on 19th May, 2010\n                                     Judgment delivered on 5th July, 2010\n                                                            Court No.39\n\n               Civil Misc. Writ Petition No.19042 of 2010\n                        Karamveer Singh &amp; Anr.\n                                    Vs.\n                           State of U.P. &amp; Ors.\n                                 ~~~~~~~\n\nHon'ble Dilip Gupta, J.\n<\/pre>\n<p>      The Committee of Management of Sarvodaya Inter College, Vaina,<br \/>\nTehsil Khair, District Aligarh and Karamveer Singh claiming to be its<br \/>\nManager have filed this petition for quashing the order dated 29th March,<br \/>\n2010 passed by the District Inspector of Schools, Aligarh by which the claim<br \/>\nof the petitioner-Committee of Management for approving the elections of<br \/>\nthe Committee of Management of the Institution held on 7th December, 2008<br \/>\nwith Manoj Kumar as the President and Karamveer Singh as the Manager<br \/>\nhas been rejected and the election of the Committee of Management of the<br \/>\nInstitution held on 12th October, 2008 with Karamveer Singh as the President<br \/>\nand Sant Pal Singh as the Manager have been approved.\n<\/p>\n<p>      It is stated in the writ petition that that Shiksha Prasarini Samiti,<br \/>\nVaina, Tehsil Khair, which is a Society registered under the provisions of<br \/>\nthe Societies Registration Act, 1860 (hereinafter referred to as the &#8216;Act&#8217;),<br \/>\nruns an Intermediate College by the name of Sarvodaya Inter College<br \/>\n(hereinafter referred to as the &#8216;College&#8217;). The College has its Scheme of<br \/>\nAdministration. In the election of the Committee of Management of the<br \/>\nInstitution held on 5th December, 2004, Sant Pal Singh was elected as the<br \/>\nPresident and Karmaveer Singh was elected as the Manager. This election<br \/>\nwas approved by the Regional Level Committee on 9th February, 2005 and<br \/>\nthe District Inspector of Schools also attested the signatures of Karamveer<br \/>\nSingh as the Manager by the order dated 16\/17 th February, 2005. Thereafter,<br \/>\nthe election of the Committee of Management of the Institution was held on<br \/>\n12th October, 2008 in which Karamveer Singh was elected as the President<br \/>\nand Sant Pal Singh was elected as the Manager. The District Inspector of<br \/>\nSchools did not approve this election by the order dated 5th November, 2008<br \/>\nand a further direction was issued for holding of the elections under the<br \/>\n<span class=\"hidden_text\">                                       2<\/span><\/p>\n<p>supervision of Balbeer Singh as the Election Officer and Ranveer Singh as<br \/>\nthe Observer.\n<\/p>\n<p>      Pursuant to the aforesaid directions issued by the District Inspector of<br \/>\nSchools, the Election Officer published the election notification in daily<br \/>\nnewspaper &#8216;Dainik Jagran&#8217;. Election of the Committee of Management of<br \/>\nthe Institution was held on 7th December, 2008 in which Karamveer Singh<br \/>\nwas elected as the Manager. The papers were sent by the Election Officer to<br \/>\nthe District Inspector of Schools. The District Inspector of Schools by the<br \/>\norder dated 30th March, 2009, on the basis of the communication dated 30th<br \/>\nMarch, 2009 sent by Sant Pal Singh that a compromise had taken place<br \/>\nbetween the parties and it was agreed that the elections dated 12th October,<br \/>\n2008 with Karamveer Singh as the President and Sant Pal Singh as the<br \/>\nManager should be approved, passed an order dated 30th March, 2009<br \/>\napproving the elections of the Committee of Management held on 12th<br \/>\nOctober, 2008 with Karamveer Singh as the President and Sant Pal Singh as<br \/>\nthe Manager and also attested the signatures of Sant Pal Singh as the<br \/>\nManager.\n<\/p>\n<p>      This order dated 31st March, 2009 was challenged by one Manoj<br \/>\nKumar, claiming himself to be a life member of the Society, in Writ<br \/>\nPetition No.31128 of 2009 and the Committee of Management of the<br \/>\nInstitution with Karamveer Singh as the Manager was arrayed as respondent<br \/>\nno.4. A further prayer was made to hold election of the Committee of<br \/>\nManagement of the Institution. This petition was disposed of by the<br \/>\njudgment and order dated 24th June, 2009 with the following observations:-\n<\/p>\n<blockquote><p>                           &#8220;Grievance of the petitioner is that no real election<br \/>\n                   of Committee of Management of Sarvodaya Inter<br \/>\n                   College, Tehsil Khair, Aligarh took place, however, two<br \/>\n                   sets of persons set up two fictitious elections and<br \/>\n                   thereafter on the basis of compromise between them<br \/>\n                   fictitious election of one of the sets was approved by<br \/>\n                   D.I.O.S. through order dated 31.3.2009, copy of which is<br \/>\n                   Annexure-2 to the writ petition. Even though in writ<br \/>\n                   petition it has not been stated that petitioner also intended<br \/>\n                   to contest election, however such assertion was orally<br \/>\n                   been made by the learned counsel for the petitioner.\n<\/p><\/blockquote>\n<blockquote><p>                           The petitioner is directed to immediately file a<br \/>\n                   detailed application before the D.I.O.S., Aligarh seeking<br \/>\n                   recall of his order dated 31.3.2009 and consequential<br \/>\n                   orders if any. The matter shall be decided very<br \/>\n                   expeditiously by D.I.O.S., Aligarh after issuing notice to<br \/>\n                   Santpal, Govind Singh and Karm Veer. Representation is<br \/>\n<span class=\"hidden_text\">                                        3<\/span><\/p>\n<p>                    stated to have already been filed on 12.6.2009 copy of<br \/>\n                    which is Annexure no.3 to the writ petition.\n<\/p><\/blockquote>\n<blockquote><p>                           Let the copy of the said representation be filed<br \/>\n                    again alongwith certified copy of this order and<br \/>\n                    supplementary representation if considered necessary<br \/>\n                    before the D.I.O.S. D.I.O.S. must make all efforts to<br \/>\n                    decide the matter within two months from the date of<br \/>\n                    receipt of a certified copy of this order alongwith copy of<br \/>\n                    the representation.\n<\/p><\/blockquote>\n<blockquote><p>                           Writ petition is accordingly disposed of.&#8221;<\/p><\/blockquote>\n<p>      Thereafter, another Writ Petition No.64147 of 2009 was filed by the<br \/>\nCommittee of Management of the Institution with Karamveer Singh as the<br \/>\nManager and Manoj Kumar for a direction upon the District Inspector of<br \/>\nSchools to recognise the election of the Committee of Management of the<br \/>\nInstitution held on 7th December, 2008 with Manoj Kumar as the President<br \/>\nand Karamveer Singh as the Secretary\/Manager. This petition was dismissed<br \/>\nby the judgment and order dated 26th November, 2009. The said order with<br \/>\nthe array of the parties is quoted below :-\n<\/p>\n<blockquote><p>                    &#8221; Writ Petition No.64147 of 2009\n<\/p><\/blockquote>\n<blockquote><p>                    1.    Committee of Management, Sarvodaya Inter<br \/>\n                          College, Vaina, Tehsil Khair, District Aligarh,<br \/>\n                          through its Manager Karamvir Singh son of Amar<br \/>\n                          Pal Singh.\n<\/p><\/blockquote>\n<blockquote><p>                    2.    Karamvir Singh son of Amar Pal Singh, Resident<br \/>\n                          of Village Vaina, Tehsil Khair, District Aligarh,<br \/>\n                          Manager, Committee of Management, Sarvodaya<br \/>\n                          Inter College, Vaina, Tehsil Khair, District<br \/>\n                          Aligarh.\n<\/p><\/blockquote>\n<blockquote><p>                    3.    Manoj Kumar son of Sri Muneem Singh, Resident<br \/>\n                          of Village and Post Vaina, Tehsil Khair, District<br \/>\n                          Aligarh.\n<\/p><\/blockquote>\n<pre>                                               ...............     Petitioners.\n\n                                              Versus\n\n                    1.    District Inspector of Schools, Aligarh.\n<\/pre>\n<blockquote><p>                    2.    Shiksha Prasarini Samiti, Vaina, Tehsil Khair,<br \/>\n                          District Aligarh, through its alleged President Sri<br \/>\n                          Govind Pal Singh son of Lal Singh and alleged<br \/>\n                          Secretary Sri Sant Pal Singh son of Sri Saudan<br \/>\n                          Singh.\n<\/p><\/blockquote>\n<blockquote><p>                    3.    Deputy Registrar, Chits, Funds and Societies,<br \/>\n                          Aligarh Division, Agra.\n<\/p><\/blockquote>\n<blockquote><p>                                                &#8230;&#8230;&#8230;&#8230;..   Respondents.\n<\/p><\/blockquote>\n<p><span class=\"hidden_text\">                    4<\/span><\/p>\n<p>Hon&#8217;ble Ran Vijai Singh, J.\n<\/p>\n<p>       The petitioner no.3 has approached this Court<br \/>\nthrough writ petition no. 31128\/09 for redressal of his<br \/>\ngrievance which he represented through the<br \/>\nrepresentation dated 12.6.09 to D.I.O.S. and in the said<br \/>\nwrit petition, the following order was passed:-\n<\/p>\n<p>       &#8220;The petitioner is directed to immediately file a<br \/>\ndetailed application before the D.I.O.S., Aligarh seeking<br \/>\nrecall of his order dated 31.3.2009 and consequential<br \/>\norders if any. The matter shall be decided very<br \/>\nexpeditiously by D.I.O.S. , Aligarh after issuing notice to<br \/>\nSantpal, Govind Singh and Karm Veer. Representation is<br \/>\nstated to have already been filed on 12.6.2009 copy of<br \/>\nwhich is Annexure no.3 to the writ petition. &#8221;\n<\/p>\n<p>       The present writ petition has been filed with the<br \/>\nfollowing prayers:-\n<\/p>\n<p>&#8220;i. to issue a writ, order or direction in the nature of<br \/>\nmandamus, commanding the respondent District<br \/>\nInspector of Schools Aligarh to recognize election of<br \/>\ncommittee of management of Sarvodya Inter College,<br \/>\nVaina, Tehsil Khair, District Aligarh and attest signatures<br \/>\nof petitioner no.2 as Manager thereof.\n<\/p>\n<p>ii. to issue ad interim mandamus, commanding the<br \/>\nrespondent District Inspector of Schools Aligarh to<br \/>\nrecognize election of committee of management of<br \/>\nSarvodaya Inter College, Vaina, Tehsil Khair, District<br \/>\nAligarh and attest signatures of petitioner no.2 as<br \/>\nManager thereof.&#8221;\n<\/p>\n<p>       In substance, the relief sought in this writ petition<br \/>\nis identical to the relief sought in writ petition no.<br \/>\n31128\/09.\n<\/p>\n<p>       I have heard Sri B.B.Paul learned senior counsel<br \/>\nassisted by Sri A.P. Paul learned counsel for the<br \/>\npetitioner and learned standing counsel as well as Sri<br \/>\nAbhinash Kumar Sharma intervener.\n<\/p>\n<p>       Sri B.B.Paul learned counsel for the petitioner<br \/>\nsubmits that only prayer in this writ petition is to fix<br \/>\nsometime for disposal of representation made by the<br \/>\npetitioner before the D.I.O.S. as while deciding the writ<br \/>\npetition no. 31128\/09, no time limit was fixed by this<br \/>\ncourt directing the District Inspector of Schools to decide<br \/>\nthe representation\/application .\n<\/p>\n<p>       After hearing learned counsel for the parties I am<br \/>\nof the view that relief sought by the petitioner amounts to<br \/>\nmodification of the order passed by Hon. Mr. Justice<br \/>\nS.U.Khan in the said writ petition and that cannot be<br \/>\ngone into this writ petition. Otherwise also on the same<br \/>\nset of fact , no second writ petition is maintainable .\n<\/p>\n<p>       The writ petition lacks merit and it is hereby<br \/>\ndismissed.\n<\/p>\n<p>       However, the petitioner is at liberty to file an<br \/>\nappropriate application seeking modification of order<br \/>\n<span class=\"hidden_text\">                                        5<\/span><\/p>\n<p>                    dated 24.6.09 passed by His Lordship Hon. Mr. Justice<br \/>\n                    S.U.Khan in writ petition no. 31128\/09.&#8221;\n<\/p>\n<p>      There is nothing on the record to indicate that any application was<br \/>\nfiled by the aforesaid petitioners in Writ Petition No.31128 of 2009 for<br \/>\nmodification of the order dated 24th June, 2009.\n<\/p>\n<p>      However, pursuant to the aforesaid judgment and order dated 24th<br \/>\nJune, 2009 passed in Writ Petition No.31128 of 2009, the District Inspector<br \/>\nof Schools issued notice to Sant Pal Singh as well as Karamveer Singh<br \/>\nfixing 18th November, 2009 and ultimately by the order dated 30th January,<br \/>\n2010 passed an order that elections of the Committee of Management of the<br \/>\nInstitution should be held within three months by Balbeer Singh as the<br \/>\nElection Officer and Ranveer Singh as the Observer from the list of 130<br \/>\nmembers of the General Body. He further directed that till the elections are<br \/>\nheld, the present position shall continue.\n<\/p>\n<p>      This order dated 30th January, 2010 passed by the District Inspector of<br \/>\nSchools was challenged both by Karamveer Singh and Sant Pal Singh in<br \/>\nWrit Petition No.6212 of 2010 and Writ Petition No.6962 of 2010<br \/>\nrespectively. These two petitions were allowed to the extent indicated in the<br \/>\njudgment and order dated 9th February, 2010 with the following<br \/>\nobservations:-\n<\/p>\n<blockquote><p>                              &#8220;Writ Petition No.6962 of 2010 has been filed by<br \/>\n                    the Committee of Management, Sarvodaya Inter College,<br \/>\n                    Vaina, District Aligarh and Sant Pal Singh claiming<br \/>\n                    himself to be its Manager for setting aside the order dated<br \/>\n                    30th January, 2010 passed by the District Inspector of<br \/>\n                    Schools, Aligarh.\n<\/p><\/blockquote>\n<blockquote><p>                              Writ Petition No.6212 of 2010 has been filed by<br \/>\n                    the Committee of Management, Sarvodaya Inter College,<br \/>\n                    Vaina, District Aligarh and Karam Veer Singh claiming<br \/>\n                    himself to be its Manager for quashing the order dated<br \/>\n                    30th January, 2010 passed by the District Inspector of<br \/>\n                    Schools, Aligarh to the extent it permits the Committee<br \/>\n                    of Management with Sant Pal Singh as the Manager to<br \/>\n                    continue to function till the fresh elections are held.<br \/>\n                    &#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;\n<\/p><\/blockquote>\n<blockquote><p>                              Inasmuch as the copy of the representation<br \/>\n                    submitted by the Committee of Management with Manoj<br \/>\n                    Kumar as Manager was not supplied to the Committee of<br \/>\n                    Management with Sant Pal Singh as the Manager, the<br \/>\n                    submission of Sri R.N. Singh, learned Senior Counsel for<br \/>\n                    the petitioners that opportunity had not been given to file<br \/>\n                    a reply, deserves to be accepted.\n<\/p><\/blockquote>\n<p><span class=\"hidden_text\">                                       6<\/span><\/p>\n<blockquote><p>                          The order dated 30th January, 2010 passed by the<br \/>\n                   District Inspector of Schools is, accordingly, set aside.<br \/>\n                   The District Inspector of Schools may now pass a fresh<br \/>\n                   order after supplying the documents to the parties. Such<br \/>\n                   exercise may be undertaken by the District Inspector of<br \/>\n                   Schools expeditiously, preferably within a period of six<br \/>\n                   weeks.\n<\/p><\/blockquote>\n<blockquote><p>                          The relief prayed in Writ Petition No.6212 of 2010<br \/>\n                   for quashing the order dated 30th January, 2010,<br \/>\n                   therefore, stands allowed.\n<\/p><\/blockquote>\n<blockquote><p>                          The writ petitions are, accordingly, allowed to the<br \/>\n                   extent indicated above.&#8221;<\/p><\/blockquote>\n<p>      Pursuant to the aforesaid judgment and order dated 9th February, 2010<br \/>\npassed by this Court, the District Inspector of Schools passed the order dated<br \/>\n29th March, 2010 approving the elections of the Committee of Management<br \/>\nof the Institution held on 12th October, 2008 with Karamveer Singh as the<br \/>\nPresident and Sant Pal Singh as the Manager. The elections held on 7th<br \/>\nDecember, 2008 with Karamveer Singh as the Manager and Manoj Kumar<br \/>\nas the President were not approved.\n<\/p>\n<p>      It is this order dated 29th March, 2010 of the District Inspector of<br \/>\nSchools that has been impugned in the present petition.\n<\/p>\n<p>      In the said order dated 29th March, 2010, the District Inspector of<br \/>\nSchools has made the following observations :-\n<\/p>\n<p>1.    Pursuant to the judgment and order dated 9th February, 2010 passed by<br \/>\nthe Court, a two member Committee consisting of the Principal, Naurangi<br \/>\nLal Government Inter College and the Principal of Kirandevi Government<br \/>\nInter College was constituted to look into the matter. The said Committee<br \/>\nsubmitted its report on 27th March, 2010.\n<\/p>\n<p>2.    On the basis of the report submitted by the aforesaid two member<br \/>\nCommittee and the submissions made by the parties and the documents<br \/>\navailable on record, it transpires that Karamveer Singh was elected as the<br \/>\nPresident of the Committee of Management of the Institution in the election<br \/>\nheld on 12th October, 2008 and after approval was granted to the said<br \/>\nelections by the District Inspector of Schools on 30th March, 2009,<br \/>\nKaramveer Singh presided over the meetings of the Committee of<br \/>\nManagement of the Institution as is clear from the documents available on<br \/>\nrecords and the contention of Karamveer Singh and Sant Pal Singh that<br \/>\nsignatures of Karamveer Singh had been fraudulently obtained on blank<br \/>\n<span class=\"hidden_text\">                                        7<\/span><\/p>\n<p>registers, cannot be accepted since Karamveer Singh was an experienced<br \/>\nperson who had been elected as the Manager in the earlier election.\n<\/p>\n<p>3.    By the order dated 31st March, 2009 passed by the District Inspector<br \/>\nof Schools, the Committee of Management of the Institution with Karamveer<br \/>\nSingh as the President was approved on the basis of the elections held on<br \/>\n12th October, 2008 and no complaint whatsoever was raised by Karamveer<br \/>\nSingh for a long period of seven months about the said elections and,<br \/>\ntherefore, it is not proper for Karamveer Singh to raise any objection now<br \/>\nthat he was not elected as the President of the Committee of Management of<br \/>\nthe Institution in the election held on 12th October, 2008.\n<\/p>\n<p>4.    When Karamveer Singh took part in the election of the Committee of<br \/>\nManagement of the Institution held on 12th October, 2008 and he was elected<br \/>\nas the President, then there was no occasion for Karamveer Singh and his<br \/>\nsupporters to hold any election on 7th December, 2008 as a result of which<br \/>\nthe said elections were stayed by the District Inspector of Schools by the<br \/>\norder dated 5th November, 2008.\n<\/p>\n<p>5.    Some members of the General Body have submitted affidavits that<br \/>\nelections were not held on 7th December, 2008 while some members of the<br \/>\nGeneral Body have submitted affidavits that elections were not held on 12th<br \/>\nOctober, 2008. It appears that such affidavits have been filed under pressure<br \/>\nand, therefore, cannot be accepted.\n<\/p>\n<p>6.    In view of the aforesaid, after the elections of the Committee of<br \/>\nManagement of the Institution were held on 12th October, 2008, there was no<br \/>\ngood reason to fraudulently hold elections on 7th December, 2008 and it is<br \/>\nalso not possible to approve this election said to have been held on 7th<br \/>\nDecember, 2008.\n<\/p>\n<p>7.    The representation is, accordingly, decided that the election of the<br \/>\nCommittee of Management of the Institution held on 12th October, 2008 with<br \/>\nKaramveer Singh as the President and Sant Pal Singh as the Manager, which<br \/>\nhad earlier been approved, is valid.\n<\/p>\n<p>      Sri Ashok Khare, learned Senior Counsel assisted by Sri Vinod Sinha<br \/>\nsubmitted that the District Inspector of Schools could not have constituted a<br \/>\nCommittee of two Principals&#8217; of the Government Inter College for<br \/>\ninvestigating and finding out the facts, as essential functions required to be<br \/>\n<span class=\"hidden_text\">                                        8<\/span><\/p>\n<p>performed by the District Inspector of Schools could not have been<br \/>\ndelegated and in support of his submission he has placed reliance upon the<br \/>\njudgment of this Court in Committee of Management, Atarra Post<br \/>\nGraduate College, Atarra, Banda Vs. Vice-Chancellor, Bundelkhand<br \/>\nUniversity, Jhansi &amp; Anr., 1988 UPLBEC 821. He further submitted that<br \/>\nreliance has been placed by the District Inspector of Schools on the report<br \/>\nsubmitted by the said Committee but a copy of the said report was not made<br \/>\navailable to the petitioners and no opportunity was given to the petitioners to<br \/>\nfile objections against the said report. He has, therefore, submitted that the<br \/>\nimpugned order dated 29th March, 2010 deserves to be set aside.\n<\/p>\n<p>      Sri P.N. Saxena, learned Senior Counsel appearing for respondent<br \/>\nno.5-Committee of Management of the Institution with Sant Pal Singh as the<br \/>\nManager has, however, supported the order passed by the District Inspector<br \/>\nof Schools. It is his submission that in the elections of the Committee of<br \/>\nManagement of the Institution held on 12th October, 2008, Karamveer Singh<br \/>\nwas elected as the President and Sant Pal Singh was elected as the Manager<br \/>\nand though the District Inspector of Schools by the order dated 5th<br \/>\nNovember, 2008 had disapproved the said election and a direction was given<br \/>\nfor holding fresh election, but when Sant Pal Singh represented before the<br \/>\nDistrict Inspector of Schools, a direction was issued by the District Inspector<br \/>\nof Schools on 5th December, 2008 to the Election Officer and the Supervisor<br \/>\nnot to hold the election and ultimately by the order dated 31st March, 2009,<br \/>\nthe District Inspector of Schools approved the elections of the Committee of<br \/>\nManagement of the Institution held on 12th October, 2008. Ever since then<br \/>\nthe meetings of the Committee of Management of the Institution have been<br \/>\nheld which have been presided over by petitioner no.1-Karamveer Singh as<br \/>\nthe President. However, Manoj Kumar in the alleged capacity as life<br \/>\nmember of the General Body of the Society filed Writ Petition No.31128 of<br \/>\n2009 with the allegation that the elections held on 12th October, 2008 had<br \/>\nbeen disapproved by the District Inspector of Schools by the order dated 5th<br \/>\nNovember, 2008 and a direction had been issued to hold fresh election but<br \/>\nno elections had been held and Karamveer Singh and Sant Pal Singh had<br \/>\ncolluded and had got the Committee of Management elected on 12th October,<br \/>\n2008 approved. It is the contention of learned Senior Counsel for the<br \/>\nrespondent that instead of filing any representation pursuant to the directions<br \/>\n<span class=\"hidden_text\">                                        9<\/span><\/p>\n<p>issued by this Court in the order dated 24th June, 2009 passed in Writ<br \/>\nPetition No.31128 of 2009, Manoj Kumar manipulated Karamveer Singh<br \/>\nand with his collusion filed another Writ Petition No.64147 of 2009 setting<br \/>\nup a contrary case that election of the Committee of Management of the<br \/>\nInstitution had infact been held on 7th December, 2008 in which Karamveer<br \/>\nSingh was elected as the Manager and Manoj Kumar was elected as the<br \/>\nPresident and a direction was sought that the District Inspector of Schools<br \/>\nshould approve this election. It is also the contention of learned Senior<br \/>\nCounsel for the respondent that the impugned order dated 29th March, 2010<br \/>\nwas passed by the District Inspector of Schools on the basis of the material<br \/>\navailable on record and the findings do not suffer from any perversity which<br \/>\nmay call for interference under Article 226 of the Constitution.\n<\/p>\n<p>      I have carefully considered the submissions advanced by the learned<br \/>\ncounsel for the parties.\n<\/p>\n<p>      It is not in dispute that prior to the holding of the elections in 2008,<br \/>\nearlier elections of the Committee of Management of the Institution were<br \/>\nheld on 5th December, 2004 in which Karamveer Singh was elected as the<br \/>\nManager and Sant Pal Singh was elected as the President.\n<\/p>\n<p>      The case of the respondents is that subsequent elections of the<br \/>\nCommittee of Management of the Institution were validly held on 12th<br \/>\nOctober, 2008 in which Karamveer Singh was elected as the President and<br \/>\nSant Pal Singh was elected as the Manager but the District Inspector of<br \/>\nSchools disapproved this election by the order dated 5th November, 2008 on<br \/>\nthe ground that they were held without any Observer having been appointed<br \/>\nand it is for this reason that a direction was issued by the District Inspector<br \/>\nof Schools for holding elections of the Committee of Management of the<br \/>\nInstitution with Balbeer Singh as the Election Officer and Ranveer Singh as<br \/>\nObserver. It needs to be mentioned that in the order dated 5th November,<br \/>\n2008, the District Inspector of Schools noticed that Karamveer Singh who<br \/>\nwas elected as the Manager in the elections of the Committee of<br \/>\nManagement of the Institution held in 2004 had submitted a letter dated 18th<br \/>\nSeptember, 2008 informing the District Inspector of Schools that Balbeer<br \/>\nSingh had been nominated as the Election Officer and sought permission to<br \/>\nhold the elections after nominating an Observer. No objection whatsoever<br \/>\nwas filed by Karamveer Singh that he had not been elected as the President<br \/>\n<span class=\"hidden_text\">                                       10<\/span><\/p>\n<p>of the Committee of Management of the Institution or that the election had<br \/>\nnot been held on 12th October, 2008. On the other hand, Karamveer Singh<br \/>\npresided over the meetings of the Committee of Management of the<br \/>\nInstitution as President.\n<\/p>\n<p>      It is also the case of the respondents that feeling aggrieved by the<br \/>\naforesaid directions issued by the District Inspector of Schools, Sant Pal<br \/>\nSingh submitted a representation to the District Inspector of Schools<br \/>\npointing out that the Committee of Management of the Institution had duly<br \/>\nnominated Devi Singh as the Election Officer and though a request was<br \/>\nmade to the District Inspector of Schools for appointing an Observer but<br \/>\nsince no Observer was appointed by the District Inspector of Schools, the<br \/>\nelections, as per the schedule, were held on 8th October, 2008. It is also the<br \/>\ncase of the respondents that the District Inspector of Schools was satisfied<br \/>\nwith the representation filed by Sant Pal Singh and so he passed an order on<br \/>\n5th December, 2008 not only requiring Karamveer Singh to submit a reply as<br \/>\nto why he had filed a false complaint, but also issued direction to the<br \/>\nElection Officer and the Supervisor appointed by him not to hold elections<br \/>\ntill a reply was submitted by Karamveer Singh, but despite the aforesaid<br \/>\nspecific directions of the District Inspector of Schools, elections were held<br \/>\non 7th December, 2008 in which it is stated that Karamveer Singh was<br \/>\nelected as the Manager and Manoj Kumar was elected as the President.\n<\/p>\n<p>      The District Inspector of Schools in the order dated 31st March, 2009<br \/>\nhas noticed that Sant Pal Singh had submitted a letter dated 30 th March, 2009<br \/>\npointing out that no dispute existed with regard to the constitution of the<br \/>\nCommittee of Management of the Institution since a compromise had taken<br \/>\nplace between the parties and the elections held on 12th October, 2008 may<br \/>\nbe approved. It is on the basis of the said communication that the District<br \/>\nInspector of Schools by the order dated 31st March, 2009 approved the<br \/>\nelections held on 12th October, 2008 but Karamveer Singh as the President<br \/>\nand Sant Pal Singh as the Manager.\n<\/p>\n<p>      What is surprising is that one Manoj Kumar claiming himself to be a<br \/>\nlife member of the Society which runs the Institution filed Writ Petition<br \/>\nNo.31128 of 2009 on 21st June, 2009 and on the basis of the averments made<br \/>\nin Paragraphs 18 and 19 of the writ petition, sought a direction that the order<br \/>\ndated 31st March, 2009 passed by the District Inspector of Schools should be<br \/>\n<span class=\"hidden_text\">                                       11<\/span><\/p>\n<p>set aside and a direction should be issued to hold elections of the Committee<br \/>\nof Management of the Institution in accordance with law. Paragraphs 18 and<br \/>\n19 of the writ petition are quoted below:-\n<\/p>\n<blockquote><p>                          &#8220;18. That in response to said letter Sri Devi<br \/>\n                   Singh, election officer submitted his reply dated<br \/>\n                   25.10.2008 that election had been held on 12.10.2008.<br \/>\n                   However, same was not approved by the District<br \/>\n                   Inspector of Schools, Aligarh and accordingly was<br \/>\n                   cancelled and Sri Ranveer Singh was appointed as<br \/>\n                   observer to denovo hold election of the committee of<br \/>\n                   management of the college.\n<\/p><\/blockquote>\n<blockquote><p>                          19. That while the election was to take place,<br \/>\n                   the theory of compromise was hurled in between<br \/>\n                   Karamveer Singh and Sant Pal Singh and a request was<br \/>\n                   made to District Inspector of Schools, Aligarh to approve<br \/>\n                   election dated 12.10.2008 and without holding of fresh<br \/>\n                   election by a duly appointed Election Officer and<br \/>\n                   observer, the respondent District Inspector of Schools,<br \/>\n                   Aligarh has abruptly passed impugned order dated<br \/>\n                   31.3.2009 on the basis of alleged compromise between<br \/>\n                   the groups represented by Karamveer Singh and Sant Pal<br \/>\n                   Singh. &#8230;&#8230;&#8230;&#8230;&#8221;<\/p><\/blockquote>\n<p>      However, during the course of hearing of the petition, learned counsel<br \/>\nappearing for Manoj Kumar stated that two sets of persons had set up two<br \/>\nfictitious claim and on the basis of the compromise between them, fictitious<br \/>\nelection of one set was approved by the District Inspector of Schools by the<br \/>\norder dated 31st March, 2009.\n<\/p>\n<p>      What is to be noticed is that Manoj Kumar had claimed in the said<br \/>\nWrit Petition No. 31128 of 2009 that despite the directions issued by the<br \/>\nDistrict Inspector of Schools on 5th November, 2008 fresh elections of the<br \/>\nCommittee of Management of the Institution had not been held but a<br \/>\nstatement was made by his counsel that another set of election had been<br \/>\nheld, which he claimed to be fictitious, but in the present petition what is<br \/>\nstated is that in the election held on 7th December, 2008 Manoj Kumar was<br \/>\nelected as the President and Karamveer Singh was elected as the Manager.<br \/>\nThis claim of the present petitioner is, therefore, clearly contrary to what<br \/>\nwas stated by Manoj Kumar in Writ Petition No.31128 of 2009 filed in June,<br \/>\n2009 that after 12th October, 2008 no fresh election had not been held.\n<\/p>\n<p>      It transpires that subsequently Manoj Kumar joined Karamveer Singh<br \/>\nand both of them filed Writ Petition No.64147 of 2009 in November, 2009.<br \/>\nIn this petition a statement was made in paragraph 6 that in the elections<br \/>\n<span class=\"hidden_text\">                                       12<\/span><\/p>\n<p>held on 7th December, 2008 Manoj Kumar was elected as the President and<br \/>\nKaramveer Singh was elected as the Manager and in paragraph 7 it was<br \/>\nstated that no election was held on 12th October, 2008. This petition was<br \/>\ndismissed by this Court but liberty was granted to the petitioners to file an<br \/>\napplication seeking modification of the order dated 24th June, 2009 but no<br \/>\nsuch application was filed presumably for the reason that in the earlier Writ<br \/>\nPetition No. 31128 of 2009 Manoj Kumar had made a statement that no<br \/>\nelection had been held despite the directions issued by the District Inspector<br \/>\nof Schools on 5th November, 2008.\n<\/p>\n<p>      Thus, though Karamveer Singh was elected as the President in the<br \/>\nelections held on 12th October, 2008 which elections were approved by the<br \/>\nDistrict Inspector of Schools on 31st March, 2009 and he had continued to<br \/>\npreside the meetings of the Committee of Management of the Institution, but<br \/>\nin November 2009 he turned around and started claiming that he had been<br \/>\nelected as the Manager in the election held on 7th December, 2008 and<br \/>\nelection had not been held on 12th October, 2008. In this election Manoj<br \/>\nKumar claims to have been elected as President though, as stated above, he<br \/>\nhad denied in Writ Petition No.31128 of 2009 that such election had been<br \/>\nheld. Karamveer Singh had joined Manoj Kumar in Writ Petition No.64147<br \/>\nof 2009. In such circumstances, it is not possible to approve the election of<br \/>\nthe Committee of Management of the Institution held on 7th December, 2008<br \/>\nand the District Inspector of Schools committed no infirmity in rejecting this<br \/>\nelection.\n<\/p>\n<p>      It is, however, the contention of the learned Senior Counsel for the<br \/>\npetitioners that the District Inspector of Schools could not have constituted<br \/>\nthe two member Committee for investigating and finding out the facts since<br \/>\nessential functions could not have been delegated.\n<\/p>\n<p>      In the present case, the District Inspector of Schools required the two<br \/>\nmember Committee to submit a report and it is on the basis of the said report<br \/>\nand the documents available on record and the submissions made by the<br \/>\nlearned counsel for the parties that the order was passed by the District<br \/>\nInspector of Schools. The two member Committee had not been asked to<br \/>\ndecide the matter. The decision rendered in Committee of Management,<br \/>\nAtarra Post Graduate College (supra) is, therefore, not applicable to the facts<br \/>\nof the present case.\n<\/p>\n<p><span class=\"hidden_text\">                                       13<\/span><\/p>\n<p>      The second contention of the learned Senior Counsel for the<br \/>\npetitioners that copy of the report was not made available to the petitioners<br \/>\nand opportunity was not granted to file any reply cannot also be accepted.<br \/>\nThe matter has been examined on merits and it has been found as a fact that<br \/>\nthe claim of the petitioners for granting approval to the elections held on 7th<br \/>\nDecember, 2008 cannot be accepted. It is, therefore, not a fit case where this<br \/>\nCourt should interfere with the impugned order only on the ground that<br \/>\nopportunity had not been granted to the petitioners to file reply to the report<br \/>\nsubmitted by the two member Committee before the District Inspector of<br \/>\nSchools.\n<\/p>\n<p>      Thus, for all the reasons stated above, the writ petition deserves to be<br \/>\ndismissed and is, accordingly, dismissed.\n<\/p>\n<p>Date: 05.07.2010<br \/>\nGS\n <\/p>\n","protected":false},"excerpt":{"rendered":"<p>Allahabad High Court Karamveer Singh &amp; Anr. vs State Of U.P. Thru. Secr. &#8230; on 5 July, 2010 Judgment reserved on 19th May, 2010 Judgment delivered on 5th July, 2010 Court No.39 Civil Misc. Writ Petition No.19042 of 2010 Karamveer Singh &amp; Anr. Vs. State of U.P. &amp; Ors. ~~~~~~~ Hon&#8217;ble Dilip Gupta, J. The [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[9,8],"tags":[],"class_list":["post-154079","post","type-post","status-publish","format-standard","hentry","category-allahabad-high-court","category-high-court"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.3 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Karamveer Singh &amp; Anr. vs State Of U.P. Thru. 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