- (1.) The petitioners have approached this Court assailing the validity of order dated 11.4.2016 passed by Regional Level Committee, whereby election of the committee of management of Guru Nanak Uchchatar Madhyamik Vidyalaya, Godhi Bilaspur, a recognised institution under the provisions of the U.P. Intermediate Education Act, 1921, has been approved. In the said election, the committee of management with Sri Gurdeep Singh as its Manager (the fifth respondent) has been elected.
(2.) The above referred institution is governed by an approved Scheme of Administration. Thereunder, the electoral college for electing the committee of management is the general body of the society. The second petitioner was the Manager of the outgoing committee. He made a request to the District Inspector of Schools by letter dated 31.12.2015 to appoint an election officer and an observer for conducting and supervising the election of the committee of management. In pursuance thereof, the District Inspector of Schools by letter dated 6.1.2016 nominated Principal, D.A.V. Inter College, Visharad Nagar, Bilaspur as Election Officer and Sri Jagat Singh, Principal, Rajkiya Inter College, Bilaspur as Observer. The election officer notified the election programme in news paper "Amar Ujala" and thereafter held the election on 17.1.2016 from a list of general body comprising of 39 members. The proceedings of the election were handed over by the Election Officer by covering letter dated 17.1.2016 to the outgoing Manager (second petitioner). The second petitioner thereafter by letter dated 21.1.2016 forwarded the papers to the District Inspector of Schools for according approval to the said election. However, the District Inspector of Schools by a letter dated 3.2.2016 (date wrongly mentioned as 3.2.2015) addressed to the Manager (second petitioner) returned the original documents as Election Officer had failed to submit relevant documents required from him. He was further directed to re-initiate proceedings for holding elections as per the provisions of the approved Scheme of Administration. The fifth respondent, on coming to know of the fact that the District Inspector of Schools has refused to accord approval to the election held on 17.1.2016, approached the Regional Level Committee. The Regional Level Committee now by impugned order dated 11.4.2016 has recognised the election held on 17.1.2016, in which the fifth respondent was elected as Manager. Aggrieved thereby, the petitioners have preferred the instant writ petition.
(3.) Sri G.K. Singh, learned senior counsel appearing on behalf of the petitioners submitted that the District Inspector of Schools was justified in not according approval to the election held on 17.1.2016, inasmuch as the list of the general body of the society, which forms the electoral college for holding elections was not available with the Election Officer. It is submitted that the election held on 17.1.2016 was held from the list of general body of the institution which is different from the list of general body of the society. Elaborating his submission, it is urged by him that the list of the college, from which the election had been held, comprised of 39 members (Annexure 9), on the other hand, the list of the members of the general body of the society comprised of 37 persons which has been brought on record as Annexure-5 to the writ petition. Therefrom, he tried to demonstrate that there were atleast six persons in the list whose names have been added and four other persons whose names were deleted and consequently, the election held on 17.1.2016 cannot be said to be an election held from the general body of the society.;