HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No.78 of 2009 Adarsh Kanya Junior High School Through its Manager Dr. Narendra Khatri And another. …Appellants Versus State of Uttarakhand and five others. .....Respondents Mr. Alok Singh, Senior Advocate assisted by Mr. Rakesh Thapliyal, Advocate for the petitioner. Mr. J.P. Joshi, Chief Standing Counsel for the State/respondent nos. 1 to 4. Mr. Sharad Sharma, Advocate for respondent nos. 5 & 6. Coram: Hon’ble V.K.Gupta, C.J. Hon’ble V.K. Bist, J. V.K. Gupta,C.J. (Oral) This appeal is being disposed of finally at the motion hearing stage without it being formally admitted to hearing. 2. This appeal is directed against the judgment dated 31st March 2009, wherein and whereby the learned Single Judge of this Court has issued directions for the conduct of the election to the Managing Committee of Adarsh Kanya Junior High School, Bazpur. While issuing this direction and ordering the Director of Education to appoint the Authorized Controller to conduct the election, the learned Single Judge has excluded such persons from the purview of the membership for the purposes of constituting the electoral college who were enrolled members after 25th April 2006 but before 30th June 2006. The number of such persons is 190. After excluding this number of 190 persons from the electoral college, even though treating them as members (but debarring them 2 from casting their votes) learned Single Judge has upheld and affirmed the induction of 155 persons as members as well as authorized to cast votes who had deposited their fees before 25th April 2006 but had not deposited the Forms before that date. 3. A contentious issue has arisen in this appeal about the right and entitlement to vote with respect to the aforesaid two categories of persons, first category being 190 in number and the second 155 in number. In our considered opinion, with respect to both these categories, disputed and contentious issues having arisen, we hold and direct that none of these two categories shall be entitled to vote nor shall they be considered as members. If these two categories are considered as members that would give rise to an avoidable complication. We also feel that issuing direction to the Director of Education to appoint the Authorized Controller to conduct the election was outside the scope and purview of the jurisdiction of the learned Single Judge. 4. The impugned judgment is set-aside. 5. The following directions are issued while disposing of this appeal:- a. A committee of the following three members is hereby constituted by this court to oversee, supervise and conduct the election to the Managing Committee and take it to its logical conclusion:- (i) Mr. A Rab, Advocate, (ii) Mr. R.K. Raizada, Advocate, (iii) Mr. D.S. Patni, Advocate. 3 b. This Committee shall treat the 545+3+14+1 (total 563) as members as well as the electors whose names figure in the list of members filed as annexure A-3 (pages 30 to 46) to the writ petition, minus the aforesaid 190 and 155 members whom we have excluded from the category of the members as well as electors. c. This Committee shall issue advertisements in two Hindi News Papers “Amar Ujala” and “Dainik Jagran” within one week from today inviting applications for membership from eligible persons. d. The last date for receipt of the application Forms and the deposit of the subscription shall not be later than two weeks from the date of publication of the advertisements. e. Depending upon the prescribed eligibility criteria, this Committee shall enroll members who apply before the last date as well as deposit fees and such enrolled members shall also become a part of the electoral college to cast their votes. f. The Committee shall conduct elections for filling up the vacancies in the Managing Committee based upon the membership thus obtained but shall ensure that the entire exercise for conduct and completion of the election process is concluded before 30th June 2009. 6. The appellants shall assist the aforesaid Committee in the discharge of the functions and duties entrusted to it by this Court. The appellants shall also make available to the Committee all the resources as well as funds for the conduct and completion of the elections. The Committee 4 shall ensure that the newly Elected Management Committee assumes office before 1st July 2009. 7. The members of the Committee shall be paid honorarium of Rs. 15,000/- (Rs. fifteen thousand) each to be paid to them by the appellants. 8. If members of the Committee feel or they come across any information that there is any breach of peace or apprehension of breach of peace, or any danger to anyone’s security in the process of conduct and completion of the election, they shall send requisition to obtain help of the Police Force. We accordingly authorize this Committee to approach S.S.P. Udham Singh Nagar for providing security. We direct the S.S.P. Udham Singh Nagar to ensure that after receiving the requisition from the Committee, adequate security is provided. (V.K. Bist, J.) (V.K. Gupta, C.J.) 22.04.2009 NCM/SKS: