Vinay Dublish vs Dy. Registrar, Firm, Chit Fund and Society and Others

Amreshwar Pratap Sahi, J.—Heard learned Counsel for the Petitioner and Sri Ajay Rajendra for the Respondent No. 4.

The Petitioner is a solitary Member claiming himself to be a Member of the General Body entitled to participate and elect the Committee of Management of an Intermediate College. The Petitioner submits that the District Inspector of Schools vide order dated 9.8.2010 has reflected the holding of elections on the basis of a wrong electoral College inasmuch as a large number of voters, who have been indicated in paragraph No. 14 of the writ petition, have been deprived of their right to participate in the election.

Learned Counsel submits that the recognition to such an election by the District Inspector of Schools is erroneous.

So far as the maintainability of the writ petition is concerned, this Court is bound by the Division Bench judgment of this Court in the case of Dr. P.P. Rastogi and Others Vs. Meerut University and Another, , to the effect that a single Member of the General Body cannot approach this Court in the exercise of extra ordinary jurisdiction to challenge the validity of the election of the Committee of Management. It is, however, open to such a member to file a civil Suit.

The question of dispute of membership even otherwise cannot be decided by the District Inspector of Schools. The District Inspector of Schools was, therefore, well within his jurisdiction to recognize the election which was set up and to which recognition has to be granted for the purposes of running of the institution.

The Petitioner does not claim himself to be a representative of any rival Management. In such a situation, the Petitioner cannot claim any effective control over the institution. Thus, the dispute in crux is entirely concerned with regard to the validity of the membership and the elections held on the basis of such alleged disputed membership. This disputed question of fact, therefore, can neither be gone into by this Court nor by the District Inspector of Schools.

The writ petition lacks merit and is, accordingly, dismissed.

The dismissal of this writ petition shall, however, not deprive the appropriate aggrieved person to approach the Regional Level Committee for the redressal of such grievances under the terms of the Government Order dated 19.12.2000.