Allowed

Pitam Singh and Another v. State of U.P. and 4 Others

Allahabad HC12 Jun 2020WRIC/9387/2020

Case brief

AI extract

What is this about?

The High Court quashed an order recognizing school elections conducted by an erroneous electoral college. The jurisdiction was remitted to the Regional Level Committee to decide the legality of the electoral college within three months.

What did the court decide?

Order dated 11.9.2019 quashed; matter remitted to Regional Level Committee within three months.

Pitam Singh and Another Vs State of U.P. and 4… — Writ and Judicial Review | Allahabad HC (2020)

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Court No. - 48

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Case :- WRIT - C No. - 9387 of 2020 Petitioner :- Pitam Singh And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Upendra Kumar Pandey,Radha Kant Ojha (Senior Adv) Counsel for Respondent :- C.S.C.,Sanjay Kumar Yadav

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Hon'ble Ashwani Kumar Mishra,J.

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This writ petition is directed against an order dated 11.9.2019 passed by Joint Director of Education, Meerut, pursuant to a direction issued by this Court on 11.4.2019 in Writ Petition No.12495 of 2019, operative portion whereof is reproduced hereinafter:-

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"Considering the facts and circumstances of the case, this petition is disposed with a direction to the Joint Director of Education, Meerut Region, Meerut to decide the Reference dated 7.7.2018 strictly in accordance with law after providing opportunity of hearing to all concerned, maximum within a period of three months from the date of production of certified copy of this order."

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By this order the elections conducted by the outgoing committee on 28.1.2018 has been recognized. This order is primarily assailed on the ground that there is serious dispute with regard to valid members of the general body of Institution, which has not been addressed by the Joint Director while recognizing the election dated 28.1.2018.

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Perusal of records would go to show that undisputed elections were held to constitute the Managing Committee of Lal Bahadur Shastri Inter College, Bahadurgarh, Hapur in the year 2008. Thereafter fresh elections were conducted in the year 2013 and the office bearers were also recognized. However, the elected Manager died and thereafter certain dispute arose, which came to be referred to the Regional Level Committee. The Regional Level Committee vide its order dated 22.11.2014 found the election of the year 2013 itself to be invalid and directed holding of fresh elections. This order came to be challenged before this Court in Writ Petition No.65672 of 2014 and the order of the Regional Level Committee was kept in abeyance. Respondent committee, therefore, continued, notwithstanding the order passed by the Regional Level Committee. Thereafter fresh elections have been held and the outgoing office bearers have been re-elected on 28.1.2018. It transpires that thereafter the writ petition filed in the year 2014 was got dismissed as having become infructuous. The dispute with regard to legality of election dated 28.1.2018 was consequently referred to the Joint Director under the orders of

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this Court. The issue now stands decided vide order impugned. This order is assailed on the ground that only 165 members constitute the general body of the institution, whereas elections have been conducted on the basis of list of 373 members. It is submitted that the Joint Director has failed to notice the earlier order passed by the Regional Level Committee in 2014 and no finding otherwise is returned with regard to validity of members who are entitled to participate in the holding of the elections.

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I have heard Sri R.K. Ojha, learned Senior Counsel assisted by Sri U.P. Pandey for the petitioner, learned Standing Counsel for the respondent nos.1 to 3, and Sri Saroj Yadav alongwith Sri Sanjay Kumar Yadav for the respondent no.5. With the consent of learned counsel for the parties, this writ petition is being disposed of, at this stage itself, without calling any further affidavits.

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The order dated 11.9.2019 of Joint Director of Education would clearly go to show that there is no consideration therein with regard to validity of list of members, who are entitled to take part in the election of the Managing Committee. Admittedly there exists a scheme of administration which specifies the category of members, who are entitled to take part in the elections. There is apparently a dispute raised with regard to electoral college. Once such a dispute is raised, it is expected that the Joint Director of Education shall refer to the rival claims in that regard and to take appropriate decision regarding legality of electoral college keeping in view the scheme of administration. Since this aspect is not addressed the order passed by the Joint Director of Education dated 11.9.2019 cannot be sustained. Consequently, order dated 11.9.2019, contained in Annexure-12 to the writ petition, stands quashed. The matter stands remitted to the Regional Level Committee to take an appropriate decision in light of the observations made above, within a period of three months from the date of presentation of certified copy of this order. Till a fresh decision is taken the respondent committee of management, which is admittedly managing the institution shall continue to manage the institution but its continuance shall remain subject to the fresh orders to be passed by the Regional Level Committee, as indicated above.

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6. Writ petition, accordingly, is allowed.

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Order Date :- 12.6.2020 Anil

Pitam Singh and Another v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Pitam Singh and Another v. State of U.P. and 4 Others

Case brief

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What did the court decide?

What the court decided

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