IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Civil Writ Petition No. 1432 of 2008 (M/S) Amit Jain (Life Member) S/o Vipin Kumar Jain R/o Pritam Castle Near Clock Tower, Dehradun. …………………..Petitioner. Versus (1) Committee of Management, Shri Mahavir Jain Kanya Pathshala, Kanya Inter College, 31 Trilok Road Dehradun through its Manager Divesh Jain S/o Late Sri N.K. Jain. (2) Sukhnal Chand Jain, Election Officer, D-224 Nehru Colony, Dehradun. (3) District Education Officer, Dehradun. ………..……..Respondents. Sri Ravi Babulkar, Advocate for the Petitioner. Sri B.P.S. Mer, Advocate, for the respondents No. 1 and 2. Sri K.P. Upadhyaya, Additional Chief Standing Counsel for the respondent No. 3. Hon'ble Prafulla C. Pant, J. Heard learned counsel for the parties. (2) By means of this writ petition, the petitioner has sought writ in the nature of certiorari quashing the impugned election notice dated 29.07.2008, issued by respondent no. 1. A mandamus has also been sought commanding the respondent no. 3 to take the charge of holding the election process for election of Committee of Management of Shri Mahavir Jain Kanya Pathshala, Kanya Inter College, Dehradun. 2 (3) Brief facts of the case are that Shri Mahavir Jain Kanya Pathshala Trust which is registered under the Societies Registration Act, 1860, is running an Intermediate College with the name Shri Mahavir Jain Kanya Pathshala Inter College in Dehradun. The last elections of the Committee of Management of said institute were held on 07.11.2004. As per the scheme of administration the tenure of the Committee of Management was three years, which stood expired on 06.11.2007. It appears that no elections could be held within a period of three years as envisaged under Section 33 of Uttaranchal School Education Act, 2006. The petitioner has pleaded that the Committee of Management (respondent no. 1) whose term has already expired cannot hold the election and hence the challenge to the election notice issued by it. (4) A counter affidavit has been filed on behalf of respondents no. 1 and 2 in which it has been stated that under clause 8 of Scheme of Administration, though the tenure of the elected members of Committee of Management is three years but it is provided that they will continue to hold the office till the new Committee of Management takes the charge. It is further pleaded in the counter affidavit that the petitioner has concealed the fact that earlier Writ Petition No. 458 of 2007 was filed by the present respondent and there was an interim order passed in said writ petition by which an order passed by Director, Education, was stayed whereby said authority had declared appointment of Dinesh Jain as Manager, illegal. It is further pleaded in the counter affidavit filed on behalf of respondents no. 1 and 2 that Committee of 3 Management (respondent no. 1) can continue to function till the successor Committee is elected. (5) Before further discussions this Court thinks it just and proper to mention the relevant provision of law applicable to the case. Section 33 of Uttaranchal School Education Act, 2006, reads as under:- “33- Term of Management Committee- In the Scheme of Administration framed under Section 29 of this Act, the term of office of the Committee of Management shall not be prescribed for a period exceeding three years.” (6) From the aforesaid provision it appears that it has not been visualized that how the elections would be held after expiry of three years i.e. after the period of expiry of three years of the Committee of Management elected earlier. This Court also examined the copy of scheme of Administration, which is annexed as annexure 1 to the counter affidavit and found that there is no provision given in it except para 24, which provides for “Apattic Vyavastha” (Emergency Arrangement). Said para provides that the Government may appoint Administrator on recommendation of the Education Authorities to exercise the powers and duties of the Committee of Management. (7) Learned counsel for the petitioner drew attention of this Court to the case of Committee of Management, Brig. Hoshiyar Singh Memorial Uchchatar 4 Madhyamik Vidyalaya, Shamli, District Muzaffar Nagar and another Vs. Deputy Director of Education, Ist Region, Meerut and other (1995) 1 UPLBEC pg. 149, wherein the Division Bench of the Allahabad High Court has held that the outgoing Committee of Management, after the expiry of period of 3 years and one month, cannot hold the election and an Administrator should be appointed by Deputy Director of Education to hold the fresh elections. (8) Having heard learned counsel for the parties and after going through the aforesaid case law, this Court is of the view that the writ petition deserves to be disposed of with the direction that the Education Authorities may appoint an Administrator to hold the free and fair election of the Committee of Management of Shri Mahavir Jain Kanya Pathshala, Kanya Inter College, 31 Trilok Road Dehradun. (9) Accordingly, the writ petition is disposed of with the direction that Regional Director / Additional Director of Education, Garhwal Division shall appoint an Administrator in the College within a period of 15 days from the date certified copy of this order is produced before such authority, who shall hold the elections within a period of 45 days thereafter. (Stay Vacation Application No. 5820 of 2008 and Stay Application No. 5300 of 2008 also stand disposed of). (Prafulla C. Pant, J.) 24.09.2008 NS 5