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KUNWAR PAL SINGH AND ANOTHER versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Kunwar Pal Singh And Another v. State Of U.P. And Others - WRIT - C No. - 50764 of 2007 [2007] RD-AH 16671 (12 October 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE AT ALLAHABAD

Court No. 33

Civil Misc. Writ Petition No. 50764 of 2007

Kunwar Pal Singh and another

Versus

State of U.P. and others

Hon'ble V.K. Shukla, J.

In the district of Meerut, there is a recognized institution known as Jawahar Inter College, Rardhana, District Meerut. Affairs of the said institution are run and managed by the Committee of Management to be constituted as per provisions as contained in the Scheme of Administration, framed in exercise of authority vested under Section 16-A of the U.P. Intermediate Education Act, 1921. The last elections of the Committee of Management of the institution were held on 12.09.2004 and the same was duly approved by the Regional Level Committee vide its order dated 19.10.2004. In the said election, petitioner No. 1 is said to be elected as President. Petitioner No. 2 is life member of the general body of the society. Petitioners claim that the elections dated 12.09.2004 were held on the basis of list of 580 members of the general body. It has been further stated that in order to control the management of the college, Vinod Kumar forged proceeding dated 05.08.2006 and tried to enroll 457 new members. It has been contended that this attempt of Vinod Kumar failed, as these new members were removed by general body of the society which runs the college, and ultimately writ petition Nos. 48491 of 2006, 61544 of 2006 and 2219 of 2006 in respect of said dispute were filed and the same are pending. Original suit No.86 of 2007 is also said to be pending. It has also been contended that Vinod Kumar tried to get the term of the Committee of Management extended from three years to five years. However, Joint Director of Education while according approval to the said amendment has categorically directed that said extension would be applicable from the next elections. The Committee of Management, against this order, filed writ petition No.30161 of 2007, which is also pending. It has been stated that as no steps were undertaken for holding elections, as such request was made for holding elections. Similar request was also made by Vinod Kumar for holding elections. Thereafter one Rajeshwar Dayal Sharma was appointed as Election Officer. Election programme was published on 19.09.2007. Petitioners have contended that they have no knowledge of the same. However, as complaints were made, one Satyendra Kumar Tyagi was appointed as Election Officer. He also declined to hold the election; then petitioners filed writ petition No.47460 of 2007, which was disposed of by this court on 27.09,.2007 with observations that elections be held by new Election Officer in free and fair manner. Petitioners requested to give name of new Election Officer, and on 28.09,.2007, they were surprised to know that elections have already been held by one Mahaveer Singh. Petitioners have contended that thereafter under the Right to Information Act, information was sought for and then it has been found that not only elections have been held, but the elections have also been recognized. At this juncture present writ petition has been filed.

Sri Ashok Khare, Senior Advocate, assisted by Sri S.P. Singh Advocate, contended with vehemence that entire election proceedings are farce and fictitious. Election programme had been published in newspaper from Agra, which clearly reflects that no credibility can be attached to the said election. However, on the other hand, Sri S.D. Shukla, learned counsel appearing for contesting respondents has tried to justify the election proceedings.

After respective arguments have been advanced, factual position which emerges is to the effect that one Rajeshwar Dayal Sharma was appointed as Election Officer. The order dated 25.08.2007 passed by District Inspector of Schools clearly mentions that election was to be held under the supervision of Sub-Divisional Magistrate, Sardhana and Station House Officer, Sardhana and the name of Rajeshwar Dayal Sharma was approved as Election Officer. Said Rajeshwar Dayal Sharma after being appointed on 01.09.2007 published election programme in newspaper Rashtriya Sahara, Meerut edition and thereafter 12.05.2007 was the date fixed for publication of electoral college; 13.09.2007 was fixed for filing objection to the said electoral college; 14.09.2007 was fixed for deciding the objections and 15.09.2007 was fixed for finalizing electoral college and thereafter 16.09.2007 was fixed for nomination and 17.09.2007 was fixed for verification and checking of the nomination papers; 18.09.2007 was fixed for withdrawal of nomination and 19.09.2007 was fixed for election, if necessary. Said Rajeshwar Dayal Sharma on 08.09.2007 cancelled the said election programme by mentioning that there were certain complications in the said programme in the past and fresh election programme would be published subsequently. Rajeshwar Dayal Sharma was counsel in suit No. 86 of 2007, in this background, Sub-Divisional Magistrate on 05.09.2007 informed the District Inspector of Schools in this regard and the District Inspector of Schools on 14.09.2007 appointed one Satyendra Kumar Tyagi as Election Officer and further directed Sri Tyagi to get the elections held peacefully as directed vide order dated 25.08.2007. Sri Tyagi expressed his inability to hold the elections. At the said juncture, petitioners filed writ petition No.47460 of 2007 before this Court and this Court directed that in case said Election Officer had not accepted to proceed, then it would be open to appoint new Election Officer, who shall hold election in free and fair manner. Petitioners have specifically contended that without any information election is alleged to have been set up by Mahaveer Singh, who is alleged to have been appointed as Election Officer on 15.09.2007. It was a matter of surprise, as the election set up by him is only paper transaction.

In the present case sequence of events are speaking for themselves. Rajeshwar Dayal Sharma was appointed as Election Officer. Qua him report was submitted and he was removed and in his place Satyendra Kumar Tyagi was appointed as election Officer; he expressed his inability on 17.09.2007 to hold the elections and the papers were received by the District Inspector of Schools on 18.09.2007, then under what circumstances on 15.09.2007 Mahaveer Singh was appointed as Election Officer, no reason has come forward in this regard. Prima facie it appears that election has been manipulated by him. Entire elections are exposed from the fact that election programme published by Rajeshwar Dayal Sharma was cancelled by specifically mentioning that fresh election programme would be published subsequently. Election programme is shown to have been published from Agra. Original newspaper dated 10.09.2007 has been produced, showing publication of election programme under the signature of Rajeshwar Dayal Sharma, Advocate, who admittedly had been removed as Election Officer and as per him electoral college was to be published on 16.09.2007, objection was to be filed on 17.09.2007, objections were to be decided on 17.09.2007 itself; final electoral college was to be published on 18.09.2007; 19.09.2007 was fixed for nomination; verification and checking the nominations; 20.09.2007 was fixed for withdrawal of nomination; election symbols were to be allotted on 20.09.2007 itself and 22.09.2007 was fixed for election, if necessary. Original news paper published from Meerut has also been produced, and therein no such advertisement has been published. Sri S.D. Shukla, Advocate on being confronted with the situation, contended that Election Officer intended to get the election programme published from Meerut and in case it has been published from Agra,then election cannot be faulted. Receipt which has been produced in this regard does not indicate that the said publication was intended to be made from Meerut, rather it gives general code, name and address of the agent, and that booking has been done at Meerut Said receipt which has been supplied does not indicate that it was to be published from Meerut. The fact of the matter has been that once election programme had been notified in local newspaper by Rajeshwar Dayal Sharma and the same was cancelled on 08.09.2007, then the same ought to have been published in news paper having wide circulation in the area where most of the members were residing namely at Meerut. Publication from Agra clearly shows that election programme was not at all notified and the election based on the same stands vitiated and no credibility could be attached to said elections. It has been sought to be contended by Sri S.D. Shukla, Advocate that petitioner No. 1 has been expelled from the membership of the society and it has been sought to be contended by him that by registered post also each and every member was informed. Self contradictory stand was sought to be taken, inasmuch as, at one hand it has been sought to be contended that petitioner No. 1 has been expelled from the primary membership of the society and, on the other hand, in the list by means of which notices have been sent, same contains the name of petitioner No. 1 also. Thus, self contradictory stand is sought to be taken. Elections have been shown to have been held without there being any contest. Entire election does not inspire any confidence and appears to be out come of manipulation. At last Sri S. D. Shukla, Advocate conceded and contended that directives be issued for fresh elections of the Committee of Management.

Consequently, writ petition is allowed. The impugned order dated 28.09.2007 is hereby quashed. Joint Director of Education, Meerut is directed to appoint Prabandh Sanchalak with direction to get the elections of the Committee of Management held through Sub-Divisional Magistrate qua which parties have agreed with consultation of District Inspector of Schools. Entire election proceedings be concluded within two months from the date of receipt of a certified copy of this order.

12.10.2007

SRY.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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