Tarun Agarwala - (1.) HEARD Sri Amit Saxena, the learned counsel for the petitioners, Shri Mohit Kumar, the learned counsel for the applicant who seeks to be impleaded in the writ petition and the learned standing counsel for the respondents.
(2.) THE last election was held on 16th of September, 2004, which was duly recognised by the Regional Committee, by its order dated 31st December, 2004. As per the scheme of administration, the term of the Committee of Management is 3 years and one month, during which period, fresh elections are required to be held. It transpires that on 15th of July, 2004, a resolution was passed by the Committee of Management to hold elections, pursuant to which an election programme was notified informing the relevant authorities, including the District Inspector of Schools, about the election. It is alleged that the election programme was also published and letters were sent to the District Magistrate, the S.S.P. and the educational authorities to send their observers. It is alleged that observers of the District Magistrate were present and the election was held on 17th October, 2007, in which, the members of the Committee of Management, namely, the petitioners were elected. The results was sent to the authority for its approval and recognition. It is alleged that the applicant Jagdish Prasad Sharma filed a complaint, and based on that, an enquiry was held by the District Inspector of Schools, and on that basis, a letter dated 4th of January, 2008 was sent by the District Inspector of Schools to the Regional Committee. Based on this letter, the Regional Committee passed an order dated 8th of January, 2008 holding that the election held on 17th of October, 2007 could not be recognised since the Committee of Management had become barred by time and was not entitled to hold the election. The Regional Committee, accordingly, appointed a Prabandh Sanchalak to manage the institution and hold the election after verifying the list of members. The petitioners, being aggrieved by the order of the Regional Committee, has filed the present writ petition.
(3.) SHRI Jagdish Prasad Sharma has filed a recall application, a stay vacating application and an Application No. 36306 of 2008 for being impleaded as a contesting respondent. The applicant Jagdish Prasad Sharma alleges that he is a life member of the society and that the elections conducted by the petitioners was illegal and against the provisions of the Scheme of Administration, and that, no valid election was held, and consequently, he is a necessary party and should be impleaded and be heard. It was alleged that the applicant had filed a caveat, but the petitioners deliberately got the writ petition reported as arising from district Meerut, whereas, the cause of action was from district Gautam Budh Nagar. On account of wrong mentioning of the district, the applicant's caveat could not be reported, which resulted in the Court issuing an ex parte interim order. The applicant further submitted that false facts have been stated and that material facts have been concealed, which again resulted in the Court granting an interim order. The applicant further stated that he has also challenged the last two elections held by the Committee of Management, which petitions are pending consideration before the Court. Consequently, the learned counsel for the applicant prayed that he should be heard and the writ petition should be dismissed with exemplary cost. The learned counsel for the petitioners has denied the allegation and submitted that there was no concealment of material fact nor was the district wrongly mentioned. The learned counsel submitted that the cause of action had arisen from Meerut and consequently that district was mentioned in the petition. This Court initially went into the allegations levelled by the applicant, but subsequently, during the course of the hearing of the petition, it was agreed that the matter may be heard on merit.;