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C/M Sri Amar Chand Maheshwari Inter College & Another v. J.D.E. & Others - WRIT - C No. 52995 of 2002 [2004] RD-AH 166 (25 March 2004)


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).


Court No.37

Civil Misc. Writ Petition No.52995 of  2002

The Committee of Management Sri Amar Chand

Maheshwari Inter College, Konch, Jalaun and

Another v. The Joint Director of Education, Jhansi

Region, Jhansi and others.

Hon'ble R.K.Agrawal, J.

A dispute regarding the Committee of Management of Sri Amar Chand Maheshwari Inter College, Konch, Jalaun is continuing since long. The matter came up before this Court in Civil Misc. Writ Petition Nos.35253 of 1994 and 15569 of 1997, which were disposed by judgment and order dated 28th May 1997. In order to set at rest the entire controversy, this Court directed that the elections be held. It gave the following directions:-

"i) The order dated 31.3.97 and 7.5.97 are hereby quashed. Respondent no.2is directed to appoint Authorised Controller, an officer of the education department under his administrative control within one week of the receipt of a certified copy of this order, to administer the affairs of the College and to hold election of the office bearers and members of the Committee of Management in accordance with the provisions of the Scheme of Administration approved by the Deputy Director of Education.

ii) The Authorised Controller appointed by the Deputy Director of Education shall firstly finalise the list of the members of the general body of the institution within one month of his appointment after affording opportunity of hearing to the parties concerned.  He will firstly prepare a tentative list of the members, thereafter will publish it inviting objections and after disposal of the objection in accordance with law finalise the same, within the aforesaid time.

iii) The Authorised Controller thereafter will notify the programme of the election in accordance with law. Notices shall be sent to all the members by registered post.  Notice shall be pasted on the notice board of the Institution and shall also be published in the local daily newspapers continuously for three days.

iv) The election shall be held under the supervision of the Authorised Controller as well as the District Inspector of Schools or an officer nominated by him amongst the officers under his administrative control.

v) After declaration of the result, the management of the College shall be handed over by the respondent no.2 to the newly elected office bearers-members of the Committee of Management of the College.

vi) All suit and litigations pending between the parties in any Court or authority shall stand decided in terms of this order. Appropriate orders shall be passed by the respective Courts or the authorities. Parties to bear their own costs."

Pursuant to the aforesaid direction, the petitioners claim that the elections have been held strictly in compliance of the directions given by this Court whereas the contesting respondent Sri H.S.Sharma seriously disputes this. The aggrieved persons made a complaint/representation to the District Magistrate, Jalaun at Orai who being the ex officio President of the society, directed the Sub Divisional Magistrate to hold a preliminary enquiry and the Sub Divisional Magistrate submitted a report which was forwarded by the District Magistrate to the District Inspector of Schools who in turn forwarded it to the Joint Director of Education with his report. The Joint Director of Education acting on the basis of the said report, set aside the elections and re-appointed the Authorised Controller. The order dated 14th August 2002 passed by the Joint Director of Education has been challenged in the present writ petition and this Court, vide order dated 13th December 2002, had stayed the order dated 14th August 2002 in the first instance till 28th February 2003. The interim order has been extended from time to time and is still in force as a result of which the petitioner is managing the institution.

I have heard Sri J.N.Tiwari, learned Senior Counsel, assisted by Sri C.B.Gupta, on behalf of the petitioners, the learned Standing Counsel who represents the State respondents and Sri R.K.Ojha who represents the contesting respondent, Sri H.S.Sharma.

It is claimed by the petitioners that the last elections which is said to have been held pursuant to the direction given by this Court, was held on 10th June 2001, even though it is seriously disputed by Sri R.K.Ojha. The period of three years is going to expire on 10th June 2004. Elections are to be held within one month from the expiry of the term, i.e., by 10th July 2004. Even if the order dated 14th August 2002 which the petitioners claim to have been passed without giving any opportunity of hearing to them, is set aside, the matter would be remanded to the Joint Director of Education for passing a fresh order and will not serve any purpose as less than two months remain. In this view of the matter, the learned counsel for the parties are agreed that fresh elections be held under the supervision of the Joint Director of Education, Jhansi and the directions given by this Court in its judgment and order dated 28th May 1997 be followed with the modification that instead of advertising in only one local daily newspaper, this time the advertisement of tentative list, final list as also the election schedule shall be published in two local daily newspapers and the Joint Director of Education instead of appointing the Authorised Controller to manage the affairs of the College, shall himself act as an Election Officer for holding the elections only and notice etc. has to be published under his seal and signature. The word "Authorised Controller" appearing in the direction contained in the judgment and order dated 28th may 1997, shall be substituted by the word "Election Officer". The Election Officer shall complete the election process within a month from the date a certified copy of this order is filed before him. It is ordered accordingly. It is made clear that the Court has not adjudicated upon the claim on merits.

The writ petition is disposed of with the aforesaid observations.




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