Decided on May 05,1995



- (1.)Three teachers and one non-teaching employee of Gobra I.N.K.M. High School in the District of Midnapore who contested the election of teaching and non-teaching category of the school jointly have moved the instant writ application, inter alia, for issue of writ in the nature of mandamus commanding the respondents particularly the respondent No. 5 to reconstitute the new Managing Committee within December, 1994 after complying with necessary formalities, and also for direction upon the existing Managing Committee to hand over the charge to the newly constituted Managing Committee. A prayer for interim order was also made to the effect directing the respondent No. 5 to hold election of teaching and non-teaching category on or before 10-10-94.
(2.)The case of the writ petitioners in the writ petition, inter alia, was that the tenure of the existing committee was due to expire on 31-12-94. As per the direction of the West Bengal Board of Secondary Education, the school authorities prepared the election programme for the purpose of holding Guardians' election which was scheduled to be held on 25-9-94 and the same was held on the said date and the results were declared. Before holding of such election, the teacher in-charge issued notice fixing date of election of teaching and non-teaching category on 14-9-94. On the date of election of teaching and non-teaching category ballots were issued and at the time of verification of the ballots it was found that some ballots were not signed by the teacher in-charge. The voters present received ballots after signing the counterfoils as such they requested the teacher in-charge to proceed with the election. Ultimately voters cast their votes and thereafter, counting was started but one teacher objected to declaring the results of such poll. At that time there was serious commotion and the Presiding Officer was directed by the contesting candidate not to declare the result of such election. Ultimately the Presiding Officer proposed to refer the matter before the Assistant Inspector of School (S.E.), Contai and he did so by a letter dated 19-9-94. Subsequently, on 20-9-94 after having a discussion the Assistant Inspector of Schools (W.E.), Contai verbally instructed the Presiding Officer to issue a notice for fresh election, accordingly the Presiding Officer issued a notice dated 21-9-94 for re-election of the teaching and non-teaching category and the same was fixed on 24-9-94 after cancelling the voting which was held on 14-9-94. But nine teaching and non-teaching staffs out of 35 refused to acknowledge such notice for election by signing who are contesting in such category for the obvious purpose of the postponement of the election and to create an administrative vacuum in the school after the expiry of the tenure of the existing Managing Committee. Under such a situation the respondent No. 5 being the teacher in-charge declined to hold the election on 25-9-94 on the ground that the said teaching and non-teaching staffs had refused to sign the said notice, in spite of repeated requests of others to hold such election as the life-term of the Managing Committee will expire on 31-12-94. The teacher in-charge issued a notice dated 24-9-94 postponing the election until further decision.
(3.)It is the contention of the writ petitioners that the teacher in-charge ought to have held the election of teaching and non-teaching category on the scheduled date as reconstitution of the Managing Committee was required to be made on 30-9-94. Therefore, the respondent No. 5 could not have postponed the election only on the ground that some staffs have refused to sign the notice for re-election.

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