Shivaji Singh vs State Of Uttarakhand And Others @ RESPONDENT

SUDHANSHU DHULIA, J. (ORAL)

In this writ petition earlier the prayer of the petitioner was that since the term of the Committee of Management is coming to an end and there is an

Administrator functioning and controlling the affairs of the school, the election to the Committee of Management must be held. This Court vide its

judgment and order dated 27.04.2018 disposed of the said matter by passing the following order:-

“Kissan Uchhatar Madhyamik Vidyalaya†is a private but grant-in-aid school being run at Lalpur in District Udham Singh Nagar. This school is

being run by its Society through the Committee of Management. Term of the Committee of Management came to an end in June, 2017 and although

prior intimation was given by the Committee of Management for holding the elections, but the elections could not be held in time. Now, the

Administrator is running the state of affairs of the school since August 2017.

Since the elections have not been conducted, petitioner, who is a lifetime member of the Society of the school, has preferred this petition.

The only reason assigned in the counter affidavit for not holding the elections in time is that certain complaints have been received against the

Committee of Management. If there is any complaint, let the enquiry be conducted in the matter. But an Administrator cannot be allowed to run the

affairs of a society for all times to come.

This writ petition is disposed of with a direction to the Administrator and the Chief Education Officer, Udham Singh Nagar to immediately conduct the

elections as per the electoral roll of the last membership of the Society of the school. It is made clear that only those persons who have become

members of the Society before six months when the term of the Committee of Management came to an end shall be eligible to vote in the elections.

Any new member made after this period shall not be entitled to vote. Any member included by the Administrator shall also not be included.

The needful shall be done within two months from the date of production of a certified copy of this order.â€​

Now a modification application has been filed by the petitioner/applicant for modification of the order dated 27.04.2018 stating that the ban on

becoming a member during the period of six months preceding the date when the term of the Committee of Management came to an end can only be

for ordinary members as this is in the Scheme of Administration. There is no such ban for a permanent/life member.

All the same, it is an admitted fact that the electoral rolls must be approved by the concerned authority six months prior to date when the term of

the Committee of Management is going to expire. This ipso facto shows that only such members will have a right to vote who have become members

six months prior to the date when the term of the Committee of Management was to come to an end. In the Scheme of Administration, it is

undoubtedly provided that such person shall be treated as an “ordinary member†who deposits the fee of Rs.501/- (Rupees Five Hundred One

Only) in one installment and on depositing the said fee, such person will be treated as an “ordinary member†of the General Body for three years

but he will be entitled to vote in the election only if he has deposited the said amount at least six months prior to the expiry of the term of the

Committee of Management. Likewise, it is provided in the Scheme of Administration that a person shall be treated as the “lifetime member†of

the society if he/she deposits Rs.5100/- (Rupees Five Thousand One Hundred Only) in one installment. In other words, there is a distinction between

the two.

Learned counsel for the petitioner therefore would argue that since there is no further limitation on a “life member†as regards his right to vote

in case he became the “life member†within the period of six months prior to the expiry of the term of the Committee of Management and

therefore such “life membersâ€​ should also be allowed to vote in the upcoming elections.

In view of this Court, the aforesaid provision ipso facto would also include permanent members as well, since whether one is an “ordinary

member†or a “permanent/life memberâ€, only such members are eligible to vote for the election to the next Committee of Management who

have become members of the Society at least six months prior to the date when the term of the Committee of Management came to an end, as the

electoral rolls have to be prepared six months in advance.

In view of the above observations, the modification application has no merit. It stands dismissed.