Allowed

C/M Jai Janta Inter College and Another v. State of U.P. and 5 Others

Allahabad HC2 Jul 2019WRIC/11904/2019

Case brief

AI extract

What is this about?

In a writ petition challenging the stay on school management committee elections, the court held that the Joint Director of Education lacked jurisdiction to interrupt the process after it commenced. The matter was remanded to conduct elections within two months. The petition is allowed.

What did the court decide?

The orders impeding elections dated 23.03.2019 and 27.03.2019 set aside; Committee of Management directed to conduct elections within two months.

C/M Jai Janta Inter College and Another Vs State… — Writ and Judicial Review | Allahabad HC (2019)

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Court No. - 7

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Case :- WRIT - C No. - 11904 of 2019 Petitioner :- C/M Jai Janta Inter College And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Siddharth Khare,Shri Ashok Khare (Sr. Advocate) Counsel for Respondent :- C.S.C.,Arvind Srivastava Iii,Sami Ullah Khan

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Hon'ble Ajay Bhanot,J.

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The last undisputed elections of the Committee of Management of the institution were held on 29.03.2016. The term of the Committee of Management was set to expire on 19.04.2019. The elections were notified by the Committee of Management on 24/25.02.2019. However, before the elections could took place as per the election schedule the respondent no. 6 made a complaint to the District Inspector of Schools. The District Inspector of Schools held the elections in abeyance by order dated 28.02.2019. Subsequently the complaint of respondent no. 6 was decided and the order putting the elections on hold was lifted. The District Inspector of Schools by order dated 18.03.2019 lifted the embargo on the elections and directed the Committee of Management to proceed with the election programme. The election programme was again notified on 21.03.2019. Before the elections could happen the Joint Director of Education on the complaint of respondent no. 6 put the election schedule on hold. Consequently, the elections have not been held till date.

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Sri Ashok Khare, learned Senior Counsel assisted by Sri Mohd. Yaseen, learned counsel for the petitioners submits that the Joint Director of Education does not have the authority to stall the process of election. The petitioner is a validly elected Committee of Management which is entitled to hold the election. Moreover, the respondents have full opportunity to raise objections regarding the validity of the elections after the same is held.

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Sri Arvind Srivastava, learned counsel for the respondent no. 6 submits that the Committee of Management which was elected in the year 2016 had four members who were related to each other. This is in the teeth of the scheme of administration.

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Heard learned counsel for the parties.

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I see merit in the submission of learned Senior Counsel for the petitioner. The Courts have consistently refrained from intervening in the election process once it commences. The individual grievances of the members have to be subordinated

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to the larger good of holding elections. The individual grievance of the members in regard to the validity of the elections can be considered by the competent authority after the elections are held.

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Further even if the objections of the respondent no. 6, is found to be correct it will not invalidate the entire elections, but only render the further continuance in the office of some office bearers untenable.

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In light of the aforesaid facts the Joint Director of Education had no jurisdiction to intervene and stall the process of elections once it had commenced.

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The order of the Joint Director of Education was misdirected in law. The order dated 23.03.2019 passed by Joint Director of Education, Saharanpur and the order dated 27.03.2019 passed by the District Inspector of Schools, Saharanpur are arbitrary and illegal and cannot stand.

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The order dated 27.03.2019 passed by the District Inspector of Schools, Saharanpur and the order dated 23.03.2019 passed by Joint Director of Education, Saharanpur recital of which is made in the order dated 27.02.2019 are set aside.

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The Committee of Management is directed to notify the elections and conduct the elections within a period of two months. After the elections are held, in case the respondent no. 6 has any objection he may raise as per law before the competent authority.

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The writ petition is allowed in the above terms.

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Order Date :- 2.7.2019 Pravin

C/M Jai Janta Inter College and Another v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

C/M Jai Janta Inter College and Another v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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