Hon'ble Dilip Gupta, J. - (1.) The Committee of Management, Inter College Kusmiliya, District Jalaun and Saran Kumar claiming himself to be its Manager have filed this petition for quashing the decision taken by the Regional Level Committee on 24th December, 2009 by which the election of the Committee of Management of the Institution held on 10th June, 2009 in which Saran Kumar was elected as the Manager has not been approved on the ground that some of the members of the General Body of the Institution were not permitted to participate in the election and, accordingly, the District Inspector of Schools has been directed to initiate steps for appointment of an Authorised Controller in the Institution.
(2.) It is stated that Inter College Kusmiliya, District Jalaun (hereinafter referred to as the "Institution') is a recognised and aided educational Institution and is governed by the provisions of the U.P. Intermediate Education Act, 1921 (hereinafter referred to as the "Act') and has its own Scheme of Administration. Under the said Scheme of Administration, the Institution is to be managed by a Committee of Management elected in accordance with the procedure prescribed therein for a period of three years. The elections of the Committee of Management of the Institution were earlier held in 2000,2003 and 2006. The 2006 elections were held on 26th May, 2006 in which Brij Lal was elected as the President and Mishri Lal Paliwal was elected as the Manager. In terms of Clause 9(2) of the Scheme of Administration, the President/Manager is required to declare the date of election meeting two months prior to the completion of the three years term of the Committee of Management, but under Clause 9(1) of the Scheme of Administration, it is also provided that if the date of election is not declared by the President/ Manager, six members of the General Body can seek permission from the District Inspector of Schools for holding the fresh election of the Committee of Management. As the President/Manager did not declare the date for holding the meeting, six members of the General Body sought permission from the District Inspector of Schools for holding the election and the District Inspector of Schools by the order dated 8th May, 2009 granted permission for convening a meeting of the General Body for fixing a date of election as well as for appointment of an Election Officer/ Presiding Officer to conduct the election. The meeting of the General Body was held on 17th May, 2009 in which the date of election was fixed and the name of the Presiding Officer was also decided and permission was sought from the District Inspector of Schools for folding the election. The District Inspector of Schools by the order dated 29th May, 2009 granted permission for holding the elections on 10/11thJune, 2009.
(3.) This order dated 29th May, 2009 was challenged by the present respondent Nos. 3 to 8 by filing Writ Petition No. 29307 of 2009 (Brij Lal and others v. State of U.P. and others). This petition was finally disposed of by the judgment and order dated 4th June, 2009 with the following directions: "The order so passed by the District Inspector of Schools is being questioned on the ground that electoral college has not been determined in accordance with law and therefore, the entire proceedings of the elections are rendered illegal. It is contended that the last elections of the year 2006 were held from amongst 207 members of the general body, but for the elections which are scheduled to take place on 10/11th June, the majority of such legal and valid members have been excluded and as many as 32 new members have been illegally inducted without they having been enrolled as such in accordance with the approved scheme of administration. On behalf of the respondents, it is contended that electoral college has been finalized in accordance with law. Valid and surviving members total whereof is 132, have been declared to constitute the electoral college. It is not necessary for this Court to enter into the merits of the aforesaid issues at this stage of the proceedings, inasmuch as elections of a recognised intermediate college cannot be given effect to unless such elections are approved by the Education Authority for the purpose. In view of the aforesaid, the present writ petition is disposed of by providing that after the results of the elections are declared, the election officer shall transmit all relevant papers of the elections through the office to the District Inspector of Schools. The petitioner are at liberty to file their objections to the electoral college as well as process of the elections, which is to be completed on 10/11th June, 2009 within one week of the holding of the elections. The competent authority shall permit exchange of documents between the parties and shall thereafter determine the issue of the legality of the elections, including the objections raised on behalf of the petitioner after affording opportunity of hearing to the petitioner as well as the elected office bearers. He shall pass a reasoned speaking order. The aforesaid exercise may be completed within six weeks from the date the papers are so received.";