- (1.) R. P. Post Graduate College Kamalganj, District Farrukhabad is a degree college affiliated to Chhatrapati Sahuji Maharaj University, Kanpur. Elections in respect of the Committee of Management of the institution are alleged to have taken place on 4th June, 2006. In the said elections Smt. Pushpa Singh was elected as Secretary while Sri Raja Ram Verma was elected as President. Papers in respect of the elections be held were transmitted to the Vice Chancellor of the University for necessary recognition under Section 2 (13) of the State Universities Act. The papers were received in the office of the University on 11th June, 2006 and approval to the elections so held was granted by the Vice Chancellor, as communicated under the letter of the Registrar of the University dated 17th July, 2006. A complaint was made by Sri Raja Ram Verma, who was the outgoing President of the Committee of Management and was also newly elected President in the elections dated 4th June, 2006, alleging therein that the alleged elections dated 4th June, 2006 have not taken place and papers submitted qua elections are fictitious.
(2.) FROM the original records of the University, which have been produced under the direction issued by this Court earlier, it is apparently clear that on the complaint of Raja Ram Verma dated 17. 1. 2007 an office note was put up on 5th February, 2007 itself and thereafter by means of another note dated 10th May, 2007 it was recommended that before any decision is taken on the complaint of Raja Ram Verma both the parties may be heard. Thereafter there is another note dated 29th May, 2007, wherein the complaint of Kulap Singh dated 20th May, 2007 has been taken note of with an endorsement that the parties may be heard in the matter. We may record that as per the noting on the office file the same was returned to the office without any order being passed by the Vice Chancellor. That since the Vice Chancellor was not taking any action on the complaint made by Raja Ram Verma and Kulap Singh, the aforesaid persons approached the Minister of Higher Education and the Minister in turn is stated to have required the Vice Chancellor to take appropriate decision on the complaint so made by Raja Ram Verma and Kulap Singh. The Vice Chancellor thereafter proceeded and notices were issued to the parties for appearance before him on 29th September, 2007. On the said date an adjournment application was made on behalf of Smt. Pushpa Singh, which was granted and hearing was adjourned to 27th October, 2007. It is at this stage of the proceedings Smt. Pushpa Singh filed Writ Petition No. 48607 of 2007, wherein an interim order was granted by the learned Single Judge on 3rd October, 2007 staying further proceedings before the Vice Chancellor.
(3.) DURING the pendency of the aforesaid writ petition, Raja Ram Verma, who was elected as President in the alleged elections dated 4th June, 2006, submitted papers before the Vice Chancellor of the University stating therein that under a resolution of the Committee of Management dated 15. 7. 2007 a decision has been taken to handover charge of the office of the Secretary of the institution to one Ashok Kumar the Deputy Secretary. Since decision was not being taken on the papers so forwarded by Raja Ram Verma, he filed Writ Petition No. 56236 of 2007 before this Court for a writ of mandamus commanding the Vice Chancellor to take appropriate decision on the papers transmitted qua the resolution of the Committee of Management dated 15. 7. 2007.;