V. N. Khare, J. - (1.) ON 19-6-1985, election for constituting Committee of Management of the Educational institution known as Sri Gandhi Inter College, Chhur (Meerut) (hereinafter referred to as ' the Institution ') was held wherein petitioner no. 2, Sri Sumaroo Singh, was elected as Manager. The term of the petitioner Committee of Management expired on 18-6-1988. ON completion of the term of the Committee of Management, a fresh election was required to be held within a period of one month. It appears that no fresh election was held within time and, therefore, a writ petition was filed in this Court by one Sri Surendra Pal Singh praying for issuance of a writ of mandamus directing the Regional Deputy Director of Education to appoint a Prabandhak Sanchalak for the Institution for holding election for constituting Committee of Management. In the alternative it was prayed that the Regional Deputy Director of Education may be directed to consider the petitioner's representation in that regard. This Court, on the 9th of August 1988, directed the Regional Deputy Director of Education to decide the petitioner's representation if possible within one month from the date of service of a certified copy of that order on the said authority. In view of the said direction, the Regional Deputy Director of Education issued notices to the petitioner no. 2 and others and after hearing the parties held, by the impugned order, that since 3 years' term of the petitioner Committee of Management had already expired on 18-6-1988 and no fresh election for constituting Committee of Management was held within time, a Prabandh Sanchalak was required to be appointed. It was alleged before the Regional Deputy Director of Education that election was held on 14-8-1988 wherein one Pawan Singh and petitioner no. 2 were elected as President and Manager respectively. The Regional Deputy Director of Education, by the impugned order, appointed Sri A. B. Singh, the retired Deputy District Inspector of Schools, Meerut, as Prabandh Sanchalak with a direction that he will hold election for constituting fresh Committee of Management. It is against this order that the petitioners have come up before this Court by means of this writ petition under Article 226 of the Constitution, with the case that election had already taken place on 14-8-1988 and that the Regional Deputy Director of Education had no authority to set aside that election by appointing Prabandh Sanchalak for holding fresh election for constituting fresh Committee of Management for the Institution.
(2.) WE have heard counsel for the petitioners and the Standing Counsel on behalf of the respondent. Learned counsel for the petitioners urged that there being no dispute in regard to election of the petitioner Committee of Management, which was held on 14-8-1988, the Regional Deputy Director of Education has no power under section 16-A (7) of the U. P. Intermediate Education Amendment Act (hereinafter referred to as 'the Act ' to curtail the term of the petitioner Committee of Management by appointing Prabandh Sanchalak for the Institution. The second argument of learned counsel for the petitioners is that in any case, the Regional Deputy Director of Education has no power under Clause 8 of the Scheme of Administration to adjudicate upon the validity or otherwise of the election already held for constituting Committee of Management of the Institution and to appoint Prabandh Sanchalak for holding fresh election for constituting Committee of Management. Since both the arguments are interlinked, we propose to deal with them together. To appreciate the arguments of learned counsel for the petitioners it is necessary to quote clause 8 of the Scheme of Administration which runs as follows :- " (a) Prabandh Samiti Ka Karyakal :- Padadhikari evam samiti ke sadasyon ka karyakal teen varse ka hoga. Karyakal samapta hojane par agale ek mas tak hi padadhikari bane rah sakenge. Yadi teen varsh ke bad ek mah ke ander navchayanit samiti karyabhar grahan aaheen kartee to 3 varsh 1 mah bad kalateet samiti ka karyakal swatah samapta samajha jawega aur sambhageeya up Shiksha Nideshak dwara manoneet ek vyakti Parbandh Sanchalak karyarat mana jawega jise Prabandhikaran ke poorna adhikar honge. Wah Prabandh Sanchalak navchayanit samiti ko sheegrhratish eeghara karyarat karawega aur yadi chunav naheen hua hai to chunav karake chayanit samiti ko karyarat karawega aur yadi Prabandh samitiyon men adhikar ka dawa hai to jiske paksha men sambhageeya up Shiksha Nideshak ka nirnaya ho use karyarat karawega. " A perusal of the above clause of the Scheme of Administration discloses that the term of the Committee of Management is 3 years. Within one month from the date of the expiry of its term elections are required to be held, and the charge of the Institution is to be handed over to the newly elected Committee of Management. In case newly elected Committee of Management does not take charge of running the affairs of the Institution, the term of the erstwhile Committee of Management is deemed to have automatically come to an end, and the Regional Deputy Director of Education is required to appoint Prabandh Sanchalak who will have power to run and manage the Institution and hold election for constituting Committee of Management and hand over charge to the newly elected Committee of Management. The power to appoint Prabandh Sanchalak depends upon the existence of conditions, namely, (1) If there is no election for constituting Committee of Management within one month from the date of the expiry of the term of the previous Committee of Management ; and (2) taking over charge by the newly elected Committee of Management within the same period. In fact, either of these two conditions is the condition precedent for exercise of power by the Regional Deputy Director of Education to appoint Prabandh Sanehalak for the Institution. For that purpose, necessarily the Regional Deputy Director of Education has to make enquiry if the conditions aforesaid exist for exercise of power to appoint Prabandhak Sanchalak, or not. But learned counsel for the petitioners argues that if election was held even after the expiry of the prescribed time limit, the Regional Deputy Director of Education has no jurisdiction to adjudicate upon the legality or otherwise of the election. It is a settled law that when an authority is given power to do certain act on existence of certain circumstances, there is an implied power to make an enquiry as to whether those circumstances exist or not. The enquiry in regard to the existence of those circumstances is included in the grant of power. In other words, the power of making enquiry in regard to the existence of those circumstances flows as a necessary means to accomplish the end. In fact, the enquiry is something essential for proper and effectual performance of duty assigned. The Regional Deputy Director of Education had to be satisfied as to whether any election had taken place within a period of one month from the date of the expiry of the term of the previous Committee of Management or not, and in case he finds that no election had taken place within the prescribed time he is empowered to appoint Prabandh Sanchalak to hold election for constituting Committee of Management for the Institution. In the enquiry if the Regional Deputy Director of Education finds that election had taken place after one month of the expiry of the term of the previous Committee of Management, he has necessarily to adjudicate upon the validity of the said election as under clause 8 of the Scheme of Administration, no such election is permissible, and the power to appoint Prabandh Sanchalak is attracted. In the present case, the term of the previous Committee of Management expired on 18-6-1988. It was required that the election should be held within one month of the said date, i.e., by the 17th of July, 1988. The election of the petitioner Committee of Management was held on 14-8-1988 which was much after the time stipulated in clause 8 of the Scheme of Administration. Such an election cannot be said to be an election in the eye of law. The Regional Deputy Director of Education has rightly gone into the question of the validity of the election and correctly held that the said election was illegal. Under Clause 8 of the Scheme of Administration such a election shall be deemed to have been held by the person who was not authorised to do so, and no sanction or sanctity can be attached to that election under the law. In fact, such an election has to be ignored, with the result that the only thing left for the Regional Deputy Director of Education is to appoint Prabandh Sanchalak who may get election held in accordance with the provisions of the Scheme of Administration. Since the election of the petitioner Committee of Management was illegal and void, the question of the curtailment of its term does not arise as the proceedings of the said election were illegal being taken by persons who were not authorised to hold the election. In the present case, the Regional Deputy Director of Education was exercising power under clause 8 of the Scheme of Administration and not under section 16-A (7) of the Act.
(3.) FOR the foregoing reasons we hold that the Regional Deputy Director of Education when makes an enquiry to find out as to whether any election for constituting the Committee of Management of the Institution has been held within one month from the date of expiry of term of previous Committee of Management acts under clause 8 of the Scheme of Administration of the Institution and not under section 16-A (7) of the Act and if he finds that the election for - constituting the Committee of Management was held after the period prescribed he is justified in holding that such an election is illegal. In view of what has been stated above, we find no infirmity in the order of the Regional Deputy Director of Education. The writ petition is accordingly dismissed summarily. Petition dismissed.;