Committee Of Management, Janta Inter College, Sultanpur vs Director School Education & Others

Sudhanshu Dhulia, J

Miscellaneous application (IA No.2061/2020) is allowed. Counter affidavit filed on behalf of respondent nos. 1, 2 and 3 is taken on record.

The matter relates to the election of a Committee of Management of a grant-in-aid intermediate college, namely, Janta Inter College, Sultanpur,

District Haridwar.

The term of the existing Committee of Management was coming to an end on 30.04.2020. Prior to it, the election process had been initiated.

The case of the present Committee of Management was that there is a cut-off date beyond which new members cannot be made or in any case, if

they are made, they will not be allowed to cast their votes and only such persons can cast their votes who have been given the membership of the

society six months prior to the term of the existing Committee of Management.

Since the Chief Education Officer had included the names of 28 members who are not even the members of the society, the petitioner had filed the

present writ petition before this Court.

On 09.01.2020 following interim order was passed by this Court:-

“Mr. Parikshit Saini, Advocate, for the petitioner.

Mr. Yogesh Pandey, Additional CSC, for the State/respondent nos.1 to 3.

This writ petition relates to an election of the Committee of Management, namely, Janta Inter College Sultanpur, which runs a private aided school.

According to the petitioner, the term of the present Committee of Management would come to an end on 01.05.2020. Prior to it, election process for

electing a new Committee of Management was initiated. According to the petitioner, the Chief Education Officer has sanctioned a list of 28

candidates, who had become members after cut-off date, were excluded. This order was passed on 16.12.2019. Thereafter, the Chief Education

Officer made an amendment and further directed that those 28 members be also included in the election process.

The only question before this Court is of inclusion of members who have been included in the election process vide order dated 23.12.2019. The

Election Officer has already been appointed and who has declared the date and schedule of the election on 17.12.2019.

Evidently these 28 persons now would be entitled to vote in the election. Their names have been included after the date of notification of the election.

Prima facie this does not seem to be correct.

All the same, an interference to the election process at this stage would also not be proper. Consequently, the vote of these new 28 members, if they

are included in the present voting, shall be kept in a separate box and the result shall not be declared till the next date of listing.

Three weeks’ time is granted to the respondents to file counter affidavit.

List this matter on 11.02.2020 in the daily cause list.â€​

Now the counter affidavit has been filed by the State where the stand taken is that there was no direction for inclusion of those 28 members in the

society to cast their votes in the election and this may be considered by the next elected Committee of Management.

This seems to be fair enough. Let the fate of these new members be considered by the elected Committee of Management. Meanwhile, the present

elections have taken place and the admitted position is that these 28 members have not been allowed to cast their votes. Let the result be declared in

accordance with law and thereafter due process shall take place.

In view of the above, the writ petition stands disposed.