V.K. Shukla, J. - (1.) BIJENDRA Singh Claiming himself to be the Manager of Sri Jawahar Inter College Bamnauli district Baghpat has approached this Court questioning the validity of the decision taken by Additional District Magistrate dated 26.02.2009 finalizing the electoral college and consequential order dated 25.03.2009 passed by District Inspector of Schools, District Baghpat wherein District Inspector of Schools has proceeded to recognize the election.
(2.) IN the District of Baghpat there is recognized Intermediate College known as Sri Jawahar Inter College Bamnauli which is to be managed by duly elected Committee of Management elected in consonance with the Scheme of Administration framed in exercise of authority vested under Section 16 -A of U.P. Act No. II of 1921. The institution in question is in grant -in -aid list of the State Government and the provision of U.P. Act No. 24 of 1971 are fully applicable to the said institution. Petitioner claims that earlier tenure of the Managing Committee of the institution has been three years and subsequent to the same said tenure has been extended from three years to five years and the said amended so proposed has been approved by the Regional Joint Director of Education on 13.10.2003. Petitioners have claimed that thereafter election of the Managing Committee of the institution was held on 15.01.2004 wherein Virendra Singh had been elected as President and Bijendra Singh had been elected as Manager of the Committee of Management. Said election in question had been duly approved by the Educational Authority i.e. District Inspector of Schools, Baghpat on 16.02.2004. Petitioners have claimed that vide letter dated 03.03.2008 agenda was issued on 04.03.2008 whereby emergency meeting was called on 19.03.2008 to consider enrolment of new members and Petitioners claim that thereafter 1090 members have been accepted as members of the General Body. Petitioners have further stated that complaint was made by one Mahipal Singh complaining that enrolment of members made was perse illegal. After said complaint in question has been moved Assistant Registrar Firm Societies and Chits issued notices on 23.01.2009 and thereafter reply was submitted by the Petitioner mentioning therein that valid action has been taken. Thereafter election programme was announced in Dainik Jagran dated 14.01.2009 showing election to be held on 12.02.2009 and Tehsildar Baraut was appointed as Election Officer. District Inspector of Schools, Baghpat on 19.01.2009 informed the Petitioners of the said situation at this juncture Petitioners have rushed to this Court by filing Civil Misc. Writ Petition No. 4458 of 2009 and this Court on 30.01.2009 passed following order which is being extracted below: Additional District Magistrate, (City) Meerut is appointed as Election Officer to hold the election of the Committee of Management of the college in question. Even though it is not the duty of Additional District Magistrate, (City) Meerut to look after the conduct of the election of a college Baghpat but the court hopes that the officer concerned will not mind this additional burden and will discharge the duty willingly. All the parties concerned are directed to give full assistance to A.D.M. (City), Meerut. The Election Officer shall make all efforts to conduct the election peacefully. All decision regarding Election including finalisation of electoral college shall be taken by the A.D.M. (City)Meerut. Accordingly, writ petition is disposed of. Office is directed to supply a copy of this order free of cost to learned standing counsel by 3.2.2009 who shall immediately despatch the same to District Magistrate Baghpat and District Magistrate, Meerut and A.D.M. (City) Meerut. Office is further directed to supply certified copy of this order to the learned Counsel for the parties on payment of usual charges immediately latest by 03.02.2009. Thereafter Assistant Registrar Firm Societies and Chits proceeded to pass order holding therein that valid members of the General Body are 4037 + 500, and they are entitled to participate in the election. Petitioner at this juncture again rushed to this Court by filing Civil Misc. Writ Petition No. 6266 of 2009 and this Court had proceeded to passed final order as follows As learned Counsel for both the parties have agreed hence it is directed that A.D.M. (City) Meerut who has already appointed as Election Officer should decide about the strength of electoral college and as to who are valid members of the Society. While deciding this question he shall not be influenced by the order of any authority. However, for the said purpose rival factions may be heard who are led by Sri Bijendra Singh and Sri K.P.Singh Writ petition is accordingly disposed of. Certified copy of the order may be supplied to the learned Counsel for the parties on payment of usual charged by 09.02.2009.
(3.) THEREAFTER election process was on and again A.D.M. (City) Meerut as reiterated the same set of electoral college i.e. 4037+500=4537. Petitioner again rushed to this Court by filing Civil Misc. Writ Petition No. 12330 of 2009 and this Court on 06.03.2009 has proceeded to pass following order which is being extracted below: In pursuance of my second order A.D.M. City, Meerut has decided the question of valid membership through order dated 26.02.2009 which has been challenged through this writ petition. The argument of learned Counsel for the Petitioner is that in the impugned order contention of the Petitioner that the amount which was being shown to have been paid by 500 new members as membership fee was infact only a gift has not been decided. This is not correct. In the impugned order it has specifically been held that it is in dispute that the amount of Rs. 50500/ - was not membership fee but was gift. The second argument is that Election officer/ADM has not recorded independent findings and has simply followed the order of the Deputy Registrar (FSC) which was not permissible according to my earlier order. This contention is also not tenable. A.D.M. has in fact recorded independent finding. The third argument is that the findings are erroneous. This is not the stage to determine the correctness of the said findings. Election programme has been announced. The said programme was shown to the Court yesterday when arguments were heard by Sri P.S. Baghel, learned Counsel for the rival group headed by Sri K.P.Singh. He was party in earlier writ petitions but in this writ petition he has not been made party. Accordingly, without expressing any opinion regarding correctness or otherwise of any finding recorded by A.D.M. City Meerut Election officer. This petition is dismissed at this stage. Elections have been announced. After the declaration of the result of the election, in case Petitioner is aggrieved therewith, he will be at complete liberty to challenge the elections and also the order dated 26.02.09 (which has been challenged through this writ petition) before appropriate forum/forums including the Regional Committee consisting of D.I.O.S., Deputy Director of Education and Joint Director of Education constituted through Government Order dated 19.12.2000. Writ petition is accordingly dismissed as premature.;