High Court of Judicature at Allahabad
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C/M Mathur Vaish Shiksha Pracharini Sabha Khiragarh & Aother v. State Of U.P. Thru' Principal Secretary Education & Others - WRIT - C No. 3406 of 2006  RD-AH 1375 (19 January 2006)
Court No. 52
Civil Misc. Writ Petition No. 3406 of 2006
Committee of Management, Mathur Vaish
Shiksha Pracharni Sabha Khairgarh,
district Firozabad through its Chairman,
Amol Babu Gupta & another
State of U.P. and others
Hon'ble V.K. Shukla,J.
In the present writ petition subject matter of challenge is the order dated 19.12.2005 passed by Regional Committee refusing to accord recognition to the election set up by the petitioner and according recognition to the election dated 18.01.2004 wherein Daya Shankar Gupta has been elected as Manager.
Brief background of the case as mentioned in the writ petition is that in the district of Firozabad there is a society known as Mathur Vaish Shiksha Pracharini Sabha Khairgarh Firozabad which runs an intermediate college known as S.G.M. Inter College, Khairgarh Firozabad. Said institution is duly recognized institution under the provisions as contained in U.P. Intermediate Education Act 1921. Affairs of the said institution are to be run and managed strictly under the provisions as contained in Scheme of Administration. Two set of persons claimed themselves to be validly elected. Group, headed by Ajay Kumar Gupta claimed election dated 14.12.2003 whereas group headed by Daya Shankar Gupta claimed election dated 18.01.2004. Both the elections papers were before the Regional committee and the Regional Committee has taken the decision on 19.12.2005 against the petitioners against which present writ petition has been filed.
Counsel for the petitioner Sri H.N. Singh, advocate, appearing for petitioner contended with vehemence that in the present case Regional Committee has not undertaken any exercise whatsoever while deciding the dispute and merely on surmises and conjuncture impugned order in question has been passed ignoring the background of the litigation, as such impugned order in question is liable to be quashed.
Sri Neeraj Upadhyay,advocate, on the other hand contended that valid reasons have been assigned and as such no interference be made.
After respective arguments have been advanced, with the consent of the parties present writ petition has been taken up for final disposal.
Impugned order in question has been perused. In the impugned order Regional Committee has noted that there are rival claimants claiming two different set of elections and it has been mentioned that election of petitioner is not in consonance with the provisions as contained in Scheme of Administration and neither it has been conducted under the supervision of District Inspector of Schools. No reasons whatsoever has been indicated as to in what way and manner the provisions as contained in Scheme of Administration has not been adhered to and not complied with. It has further been noted by Regional Committee that both the groups have submitted two separate list of members. Further it has also been noted that the elections wherein Daya Shankar Gupta has been elected has been held in presence of Observer appointed by the District Inspector of Schools. The fact of the matter is that Regional Committee has not at all done any serious exercise, inasmuch as before holding any election to be valid election necessary exercise has to be carried out on following three counts:(1) Person, who has convened the meeting, had the authority to convene the meeting and to hold the election (2) Persons who have participated in the elections are valid members and entitled to participate in the elections (3) Elections, which has been held, has been held strictly under the provisions as contained in the Scheme of Administration.
Here in the present case at no point of time any such attempt or endeavor has been made qua the authority of the incumbent of holding the meeting and who are valid member of the General Body of the Society, as such order which has been passed on the face of it is unsustainable.
Consequently, order dated 19.12.2005 passed by the Regional Committee is hereby quashed and set aside. Regional Committee is directed to re hear the matter and record categorical finding of fact on the aforementioned three counts noted above after providing opportunity of hearing to Ajay Kumar Gupta as well as Daya Shankar Gupta.
With the above observation/direction present writ petition is allowed and disposed of.
No orders as to cost.
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