Arun Tandon - (1.) HEARD Sri Ten Singh, advocate on behalf of the petitioner, Sri G. K. Singh advocate on behalf of respondent No. 5 and standing counsel on bealf of the State respondents.
(2.) BASANT Vidyalay Inter College is an institution recognized under the provisions of the Intermediate Education Act. The Committee of Management of the institution is constituted in accordance with an scheme of administration approved with reference to Sections 16A to 16CCC of the Intermediate Education Act. A copy of the scheme of administration, as enforced, as has been brought on record as Annexure-2 to the writ petition. Petitioner Kamla Kant Agrawal claims to be the life member of the general body of the society, which has established Basant Vidyalay Inter College, Mirzapur. It has been stated that the petitioner was Manager/ Mantry of the college between the years 1963 to 1975. Petitioner seeks quashing of order dated 1.5.2007, whereby the Regional Joint Director of Education has communicated the decision of the Regional Level Committee (constituted under the Government order dated 19th December, 2000), approving the elections of the Committee of Management dated 25.2.2007 held by the Prabandh Sanchalak, wherein Sri Arun Kumar Mishra has been elected as Manager. It has further been directed that his signature be attested accordingly. On behalf of the petitioner it is contended that the District Inspector of Schools in his report dated 14th March, 2007, with respect to the elections dated 25.2.2007 had stated that the membership fee of 17 life members at the rate of Rs. 2,000 per member and membership fee of three ordinary members at the rate of Rs. 300 per member has not been deposited in any account of the institution, however, they were permitted to participate in the elections dated 25.2.2007. Petitioner himself has been excluded from the electoral college notified for the election.
(3.) THE report so submitted by the District Inspector of Schools has been bye-passed by the Regional Level Committee, only after recording that the Principal of the institution was handed over the money for deposit of the same in the accounts of the institution and that the Principal had issued a receipt certifying that the money has been received by him. THErefore, the enrolment of these 20 members has been held to be valid. Counsel for the petitioner submits that unless the requisite fee towards membership is deposited in the accounts of the institution, it cannot be said that a person has been validly enrolled as a member. Therefore, he states that the order passed by the Regional Level Committee approving the elections is illegal, as unauthorized persons had participated in the elections and further that valid members like the petitioner have been excluded.;