Decided on April 22,2012

Shoban Singh Negi Appellant


B.S.VERMA, J. - (1.) HEARD .
(2.) BY means of this writ petition, the petitioner has sought following relief: - 1. Issue a writ, order or direction in the nature of certiorari quashing the impugned Resolution No. 1 dated 06.07.2011 passed by the Committee of Management, adding the three clauses without amending the scheme of administration under the Uttarakhand School Education Act, annexed as annexure no. 5 to the writ petition. 2. Issue a writ, order or direction, in the nature of certiorari quashing the impugned Resolution No. 1 dated 19.07.2011, passed by Committee of Management, whereby the Resolution dated 06.07.2011 was amended and Clause 1 -Ga was retained as amended by the Resolution dated 06.07.2011, annexed as Annexure no. 4 to the writ petition.
(3.) ISSUE a writ, order or direction, in the nature of certiorari quashing Resolution No. 2 dated 31.07.2011, passed by the Committee of Management rejecting the bank drafts of 432 members dehorse to the scheme of administration, annexed as Annexure no. 6 to the writ petition. Issue a writ, order or direction, in the nature of mandamus commanding the respondents to accept the bank drafts as wrongfully rejected by the Resolution dated 31.07.2011 and to include their name in the list of voters for the proposed election of the committee of management. 3. Learned Senior Advocate, appearing on behalf of the petitioner has contended that as per clause 7 of the Scheme of Administration, the basic criteria and eligibility for becoming the member of Sadharan Sabha is that the person should be a well wisher of the society, he may be belonging to any caste and religion, he should not be insane and should not be of more than 21 years of age. It is further provided that any person desirous to become the member of Sadharan Sabha will have to prepare a draft in favour of the institution, which could be received by any office bearer of the Committee, which would be deposited with the Treasurer. He further contended that Committee of Management has also made a provision that inviting application for membership, an information be published in newspaper, which has its vide circulation in the area. 4. Vide resolution dated 06.07.2011, the Committee of Management resolved to lay down three conditions for the purposes of induction of its members. The clause 'Ka, provided that the Committee will not accept the membership of those persons who were residing distinct places from Kotdwar while clause 'Kha provided that the person who submits the draft and casts vote without he being identified should be restrained from being inducted as member and whereas clause 'Ga provides that all drafts, which have been received for membership would be declined to be accepted if it does not contain complete address of the person applying. Later, vide resolution dated 19.07.2011, clause 1 -Ga of the resolution, was approved.;

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