High Court
Case Details
Neutral Citation No. - 2023:AHC:140213 Court No. - 10 Case :- WRIT - C No. - 9470 of 2023 Petitioner :- C/M Gram Vikas Uchchatar Madhyamik Vidhlaya And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Alok Dwivedi,Prabhakar Awasthi Counsel for Respondent :- C.S.C.,Hridai Narain Pandey Hon'ble Kshitij Shailendra,J. 1. Heard Shri Prabhakar Awasthi, learned counsel for the petitioners, learned Standing Counsel for the State-respondents and Shri Ashok Khare, learned Senior Advocate assisted by Shri Hridaik Narain Pandey, learned counsel for respondent No.5. 2. By the order impugned dated 14.10.2022, the Regional Level Committee headed by Joint Director of Education has dislodged the elections dated 15.06.2022 and 17.04.2022 respectively setup by the petitioners and the contesting-respondent No. 5 and a further direction has been issued to the District Inspector of Schools, Mathura to conduct fresh elections within next three months on the basis of list of members of General Body finalized by the Competent Authority and after nominating observer and election officer.
Legal Reasoning
3. The submission of learned counsel for the petitioners is that since 1984, the petitioners-Committee of Management was functional and the elections dated 15.06.2022 were conducted by the petitioners-Committee of Management as outgoing Committee of Management, in which the petitioner No. 2 was elected as Manager. It is contended that respondent No. 5 set up different elections dated 15.04.2022 and when the petitioners submitted papers before the District Inspector of Schools for according approval to the elections dated 15.06.2022, the District Inspector of Schools taking note of the rival elections, made a reference to the Joint Director of Education annexing therewith files of both the elections, for the consideration at the level of Joint Director. 4. Pursuant to such reference made on 29.06.2022, the Joint Director of Education issued a notice dated 07.07.2022 to the petitioners as well as respondent No. 5, a copy whereof has been annexed as Annexure No. SA-1 to the supplementary affidavit. Copy of said notice was also sent to the Deputy Director of Education (Secondary), Agra Division Agra and the District Inspector of Schools, Mathura for ensuring their presence during the course of hearing fixed on 16.07.2022. 5. It is contended that pursuant to the notice issued, the petitioners- Committee of Management submitted documents along with representation and the Regional Level Committee without taking into consideration the documents submitted and the stand taken by the petitioners-Committee of Management, has dislodged the petitioners' elections by pointing out four infirmities and has simultaneously dislodged the elections set up by respondent No. 5 pointing out one irregularity. 6. The submission of learned counsel for the petitioners is that though the elections dated 15.06.2022 were held strictly in accordance with law, even if the Regional Level Committee was of the view that it suffered from some irregularities, it was under obligation to point out such infirmities and provide opportunity to the petitioners to address the Regional Level Committee on the said issues and, therefore, reasons assigned dislodging the petitioners' elections amount to taking the petitioners by surprise. 7. It has further been argued that in fact Regional Level Committee has not decided the matter,but the Joint Director of Education himself has decided and signatures of other members have been obtained by completing mere formalities. 8. Shri Ashok Khare, learned Senior Advocate has vehemently
Decision
opposed the writ petition and has argued that the Regional Level Committee has recorded clear finding of fact in the light of the provisions of Scheme of Administration, specially Clause 5 (1) thereof. He submits that the petitioners failed to establish before the Regional Level Committee that the list of old and new members of the General Body had been finalized three months prior to holding elections or that copy of the said list was served upon all the members prior to elections. He further submits with reference to contents of paragraph No. 10 of the writ petition and document annexed at page No. 77 of the writ petition that even the electoral college was shown to have been finalized by one Ram Vilas Sharma Advocate, Election Officer and, therefore, the said illegality vitiates the entire elections set up by the petitioners. However, Shri Ashok Khare could not dispute that insofar as dislodging the elections dated 17.04.2022 setup by the contesting- respondent are concerned, finding to the effect that the same have not been held by outgoing Committee does not suffer from illegality, particularly when no challenge has been made by respondent No. 5 to the order impugned. 9. Learned Standing Counsel has argued that once from the documents submitted by the petitioners themselves it stood established that elections dated 15.06.2022 had been conducted contrary to the stipulations contained in the approved Scheme of Administration, the Regional Level Committee was perfectly justified in issuing directions for holding fresh elections. 10. Shri Prabhakar Awasthi, learned counsel in rejoinder has argued that though the petitioners were not informed about what was going in the mind of the Regional Level Committee or the Joint Director of Education before passing the order impugned and, therefore the petitioners could not specifically answer the points, which have been taken as grounds for dislodging the petitioners' elections, and even if, the grounds are taken as they are, the same would not materially affect the result of the elections dated 15.06.2022, inasmuch as the petitioners-Committee of Management was continuing on the basis of the periodical elections since 1984 onwards and the petitioner No. 2 was elected on the basis of uncontested and unopposed elections. He further submits that the grounds taken may amount to irregularity, but not illegality in the elections. 11. Shri Khare has placed before this Court a copy of notice dated 13.11.2022, whereby the District Inspector of Schools has informed the petitioner No. 2 to furnish documents for holding fresh elections in furtherance of the impugned order dated 14.10.2022. 12. It is admitted to the parties that till today no fresh elections have taken place and the order impugned has not been practically given effect to. However, there is some order of single hand operation existing. 13. Having heard the learned counsel for the parties, I find that neither the reference made by the District Inspector of Schools nor even the notice issued by the Joint Director of Education to the parties clearly set out the points in issue in relation to the elections, nor could they as the same were issued only for the reason that two rival sets of elections were produced before the Authorities. However, at the same time, I feel that in case the Regional Level Committee was to dislodge the elections of the petitioners- Committee of Management, it should have framed points, on which elections were intended to the be dislodged. There is another aspect of the matter, which appears to have been ignored by the Regional Level Committee, that is to the effect that the grounds on which the elections dated 15.06.2022 have been dislodged are those, according to the learned counsel for the petitioners, by which result of the elections would not be materially affected. 14. Though, finalization of electoral college is an important aspect in relation to any elections, the issue involved is as to whether finalization of list of office bearers by the Election Officer or by any Competent Authority has material bearing on the elections dated 15.06.2022 as the contention of the petitioners is that there was no dispute regarding electoral college and, therefore, whatever list was finalized prior to 15.06.2022 was also undisputed, particularly when respondent No. 5 is stranger, according to the petitioners, which fact has been seriously disputed by respondent No. 5, who alleges that respondent No.5 is validly enrolled member of General Body of the Society. 15. Instead of deciding the controversy by exchange of affidavits in the present proceedings, it would be better that Regional Level Committee may take, fresh decision in the matter. 16. In view of above, the writ petition is allowed. The order impugned dated 14.10.2022 is set aside with the following directions: (i) The grounds Nos. 1 to 4 contained in the order impugned shall be treated as notice to the petitioners with respect to validity of the elections held by them leaving it open to assert that, even if, the grounds are true, the result of elections would not be materially affected. (ii) The petitioners shall answer the said grounds by leading cogent evidence before the Regional Level Committee on or before 20.08.2023. (iii) Respondent No. 5 shall also have right to participate in the fresh proceedings to be held pursuant to this order and make his say in the matter. (iv) The Regional Level Committee shall pass a fresh order in accordance with law in the light of observations made in the present order on or before 15.10.2023, after providing full opportunity of hearing to the parties concerned. Order Date :- 14.7.2023 Sazia Digitally signed by :- SAZIA AQUIL High Court of Judicature at Allahabad