MANAGING COMMITTEE, SWAMI VIVEKANAND HIGHER SECONDARY SCHOOL, RAE Vs. DISTRICT INSPECTOR OF SCHOOLS
LAWS(ALL)-1980-3-60
HIGH COURT OF ALLAHABAD
Decided on March 28,1980

Managing Committee, Swami Vivekanand Higher Secondary School, Rae Appellant
VERSUS
DISTRICT INSPECTOR OF SCHOOLS Respondents

JUDGEMENT

K.S.Varma, J. - (1.) -In this writ petition the petitioner has challenged the order Annexure-4 whereby the election of the petitioner was set aside by the Deputy Inspector of Schools. The election was set aside on the ground that it was in violation of para 8 (1) of the Scheme of Administration. An extract of the scheme of administration has been filed as Annexure-1 to the writ petition. Para 8 (1) is quoted as follows:- "8 (1) - Sadharan Samiti Ke adhikar Kartabya Aur Kritya (1) Pradesh Samiti Ke Sadasyon Pada-dhikarion Tatha Sadharan Samiti Ke Padadhikarion Ka Chunaw Karna. Chunaw Kul Sadasyon Ke 3/4 Bahu-raat Se Hota".
(2.) From a perusal of the above para it is obvious that the managing committee has to be elected by a 3/4th majority of the total number of members. It has come on record that there are 94 members and at a meeting held on 30th Oct. 1977 only 56 members were present and they elected the present managing committee which is the petitioner in the instant case.
(3.) The District Inspector of Schools has set aside the election of the petitioner on the ground that it has not been elected by 3/4th majority of the total number of members. Calculated in that manner the present petitioner could be elected only if at least 72 members were present in the meeting.;


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