Amreshwar Pratap Sahi, J. - (1.) THE Petitioner contends that he is a member of the General Body of the electoral college entitled to constitute the Committee of Management of Jain Kanya Pathshala Inter College and he prays that a Prabandh Sanchalak/Authorized Controller be appointed superseding the Respondent No. 4 Committee which is continuing even beyond its prescribed tenure. The facts as disclosed are that a Prabandh Sanchalak was earlier managing the institution that got the elections held in the circumstances disclosed in the petition the results whereof were declared on 28.10.2007. The papers for recognition were submitted. Objections to the same appear to have been taken and ultimately the Regional Level Committee approved the election on 9.4.2008 hereafter the Respondent No. 4 started functioning.
(2.) SRI P.N. Saxena learned senior counsel for the Petitioner invited the attention of the court to the decision in Special Appeal No. 1283 of 2008 decided on 4.1.2011 (Annexure -11, Pg. 74) which was an appeal filed by the Petitioner himself. The argument advanced by Sri Saxena before the Special Appellate Bench was that the term of the Committee would start running from the date of assumption of charge but the court observed that the law is settled that the term of the committee of management will commence from the date of its election. It appears that the Division Bench was not apprised of an earlier division bench judgment of this Court in the case of Committee of Management, Jangali Baba Intermediate College Garwar District Ballia and Anr. v. Deputy Director of Education, Vth Region, Varanasi and Ors., 1991 2 U.P.L.B.E.C 1183 (Paras 5 and 6) where the said decision holds otherwise and has been later on followed in several decisions.
(3.) THE ratio of the aforesaid decision is that if a committee of management claims to have elected itself during the survival of its tenure then so long as no other legal impediment is created, the term would start running from the date of elections. However, where a committee of management is elected through the Office of the Prabandh Sanchalak/Authorized Controller and has not been able to take charge or function even for a single day, then the tenure of such committee has to be counted from the date of assumption of charge and to that extent the argument of Sri Saxena appears to be correct as per the law laid down in the case of Committee of Management, Jangali Baba Intermediate College (supra).;