Harish Chandra Singh Bisht vs State and Others

B.S. Verma, J.—Heard learned Counsel for the parties.

By means of this writ petition, the Petitioner has sought following reliefs:

I) Issue a writ, order or direction in the nature of certiorari quashing the election program/election schedule of the new committee of management of Jav Jyoti Inter College, Sinar (Almora) scheduled to be held on 20.12.2010 in pursuance of the letter of District Education Officer, Almora dated 01.12.2010 annexed as Annexure No. 7 to the writ petition.

II) Issue a writ, order or direction in the nature of mandamus commanding the Respondents to take decision on the representation of the Petitioner dated 13.12.2010 prior to the election.

III) Issue a writ, order or direction in the nature of mandamus commanding the Respondents to schedule the election process fresh strictly in accordance with the amended scheme of administration.

Brief facts of the case, giving rise to this writ petition are that the Petitioner was ex-Deputy Manager of Nav Jyoti Inter College, Sinar, Almora and presently he is working as member of the General Body of the institution, which is a non Government recognized institution and receiving the maintenance grant in aid from the State Government under Grant in Aid Scheme.

According to the Petitioner some of the members were inducted in the institution within a period of six months prior to the expiry of term of Committee of Management and they have no right to participate in the election process in view of Clause 4 and 7 of the Scheme of Administration. Petitioner has also filed objection against the nomination of two members, who were inducted within a period of four months from the expiry of term of Committee of Management.

Learned Counsel for the Petitioner contended that as per the Clause 13(2) of the scheme of administration, District Education Officer can take decision regarding membership of the Committee of Management. The Petitioner has already moved representation before District Education Officer on 13.12.2010, which is annexed as annexure 8 to the writ petition.

I have perused the Clause 13(2) of the Scheme of Administration. It refers that the dispute of membership relating to election process are to be decided by the District Education Officer prior to election process.

Since the notification of the election process of Committee of Management has been assailed, it is well settled principle of law that after the election process is on, member of general body of the institution should not interfere with the election process. However, if the Petitioner is aggrieved by the election process of Committee of Management, he may take recourse of Section 25 of Societies Registration Act. Therefore, the writ petition is devoid of merits and the same is dismissed summarily.