Dilip Gupta, J. - (1.) Committee of Management, Chaharwati Inter College Akola, Agra and Ashok Kumar claiming himself to be its Manager, have filed this petition for setting aside the decision taken by the Regional Level Committee on 19th June, 2010 by which the elections of the Petitioner -Committee of Management said to have been held on 8th November, 2009, in which Petitioner No. 2 Ashok Kumar was elected as the Manager, have not been approved and the elections held on 25th October, 2009 with Udai Veer Singh Chahar as the Manager have been approved.
(2.) It is stated that earlier, the Petitioner had filed Writ Petition No. 12109 of 2010 for setting aside the order dated 7th November, 2009 by which the District Inspector of Schools, Agra had approved the elections of the Committee of Management of the Institution held on 25th October, 2009 with Udai Veer Singh Chahar as the Manager. The petition was disposed of by the judgment and order dated 11th March, 2010 with the following observations: Sri R.K. Ojha, learned Counsel for the Petitioners submitted that in fact no elections were held on 25th October, 2009 and the only elections that were held were on 8th November, 2009 in which Petitioner No. 2 Ashok Kumar was elected as the Manager. In respect of the elections held on 25th October, 2009 in which Udai Veer Singh Chahar claims to have been elected as the Manager, he submits that the only paper work has been done and no elections were actually held. He further submits that in terms of Clause 9(6) of the Scheme of Administration of the Institution, Udai Veer Singh Chahar could not have been elected as the Manager again since he had been elected as the Manager of the Committee of Management of the Institution in 2000 and 2005. Sri H.N. Singh, learned Counsel appearing for Respondent No. 4 Udai Veer Singh Chahar, has, however, submitted that the election of Udai Veer Singh Chahar, as Manager is not hit by Clause 9(6) of the Scheme of Administration of the Institution since in respect of the elections held in 2000, he was co -opted in 2003 after the death of the elected Manager. He has further submitted that the elections were held on 25th October, 2009 in accordance with the Scheme of Administration of the Institution. It, therefore, appears that there is a serious dispute about the elections held on 25th October, 2009 and 8th November, 2009. This is a matter which can appropriately be examined by the Regional Level Committee. Under Clause 9(6) of the Scheme of Administration of the Institution, a person can be an office bearer of the Committee of Management in two consecutive elections but he can again be appointed as an office bearer after a gap. In the present case, Udai Veer Singh Chahar was the Manager of the Committee of Management of the Institution in the Committee elected in 2000 and 2005. He, therefore, could not have been elected as Manager in the election held in 2009. The contention of Sri H.N. Singh, learned Counsel for Udai Veer Singh Chahar, is that he was not elected in the election held in 2000 but was subsequently co -opted in 2003 as the elected Manager had died. The matter regarding the validity of either of the two elections is to be examined by the Regional Level Committee. This matter can also, therefore, be examined by the Regional Level Committee. Prima facie, in view of the provisions of Clause 9(6) of the Scheme of Administration of the Institution, it is desirable that the operation of the salary account of staff of the Institution may not be operated by Udai Veer Singh Chahar and should be operated singly till the matter is decided by the Regional Level Committee. It is made clear that this is only a tentative opinion expressed by the Court and the Regional Level Committee shall be free to examine the same after hearing the parties. The petition is disposed of with the aforesaid observations.
(3.) Pursuant to the aforesaid judgment and order, the Petitioners filed an application before the Regional Level Committee on 15th April, 2010 specifically stating that the election held on 25th October, 2009 in which Udai Veer Singh Chahar claims to have elected as Manager was never held and it was a election in which forged and fictitious paper work was only done. It was also stated that it was not held in accordance with the Scheme of Administration of the Institution inasmuch as neither any electoral college was determined nor any Election Officer was appointed and nor any election agenda was published in the newspaper. It was also stated that Udai Veer Singh Chahar could not have been elected in view of the restriction imposed in Clause 9(6) of the Scheme of Administration of the Institution. The Petitioners also stated that their elections had been validly held in accordance with the Scheme of Administration of the Institution.;