Disposed

Sandeep Sachdev and 11 Ors. v. Financial Commissioner and Principal Secy. & Ors.

Punjab & Haryana HC4 May 2012CWP/17576/2010

Case brief

AI extract

What is this about?

The court directed the appointment of the Director, Secondary Education, Haryana, as an Administrator to supervise the election of office bearers for a school, ensuring the process is completed within six months and affairs are supervised during the interim.

What did the court decide?

Appointment of Director, Secondary Education, Haryana, as Administrator to supervise school elections and affairs; election to be concluded within six months.

Sandeep Sachdev and 11 Ors. Vs Financial… — Cooperative Societies | Punjab & Haryana HC (2012)

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C.W.P. No.17576 of 2010 -1-

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH.

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C.W.P. No.17576 OF 2010 (O&M) DATE OF DECISION : 4.5.2012

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Sandeep Sachdeva and others

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PETITIONERS

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VERSUS

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Financial Commissioner and others RESPONDENTS

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CORAM : HON'BLE MR.JUSTICE MAHESH GROVER

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Present:Shri O.P.Goyal, Senior Advocate with Ms.Ravinder Kaur, Advocate for the petitioners.

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Mrs.Sushma Chopra, Additional A.G. Haryana.

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Shri Tushar Sharma, Advocate.

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MAHESH GROVER, J.

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The sole dispute centres around holding of election to the Management of the school named G.R.S.D. Senior Secondary School, Sarodha, Ambala City. It has not been controverted by either of the parties that as per clause 4 of the Memorandum of Article of Association, under the caption “Management”, the management of the institution has to be constituted and thereafter the election to the office bearers has to be held after associating both the parties.

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Both the parties have converged on the consensus that the election is

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C.W.P. No.17576 of 2010 -2-

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required to be held and both agree that it should be done under the control of the Administrator.

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On a prior occasion on 17.4.2010, the election was scheduled and as per the rules and regulations, a nominee of the Education Department was required to be associated considering the fact that the school was getting 75% grant-in-aid from the Government of Haryana. However, on 17.4.2010, no election was held as the Head Master of the School was not available. Thereafter it was given out that the next date for elections shall be 9.10.2010, but before the election could be held, the petitioners filed a complaint before the D.C. Ambala regarding the list of elected office bearers released prior to the date fixed i.e. 9.10.2010.

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The matter was required to be looked into by the D.C. Despite the aforesaid exercise, no concrete result has emerged.

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The reply filed by the District Education Officer reveals that the Department is keen to supervise the elections.

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On due consideration of the matter, I am of the firm opinion that an educational institution ought to be run with dignity and the affairs of such an institution should not be left to the petty squabbles of the persons who want to control the affairs of the institution.

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From the material on record, this Court is prima facie convinced that the persons who have already been elected in the last elections and stand to benefit from delaying the election and this has led to some sort of friction amongst those persons who want fresh election to be held. This is however not to be construed to be any expression on the conduct of any of the parties.

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In order to safeguard the interests of the institution, I deem it appropriate to direct the appointment of an Administrator under whose supervision the election to the Management and the office bearers shall be held. The Director, Secondary Education, Haryana is appointed as an Administrator to oversee the

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C.W.P. No.17576 of 2010

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election as indicated above. For the said purpose, he shall fix the schedule by issuing appropriate notice to all concerned. He shall ensure that the entire exercise of concluding election shall be undertaken within a period of six months from today. During this interregnum, the Administrator instead of the Management shall be responsible for supervising the affairs of the school as well.

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Disposed of.

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May 4, 2012 GD

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(MAHESH GROVER) JUDGE

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WHETHER TO BE REFERRED TO REPORTER? YES/NO

Sandeep Sachdev and 11 Ors. v. Financial Commissioner and Principal Secy. & Ors.

Case brief

What is this about?

What did the court decide?

Sandeep Sachdev and 11 Ors. v. Financial Commissioner and Principal Secy. & Ors.

Case brief

What is this about?

What did the court decide?

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