R.A Sharma, J.:— Being aggrieved by an order dated 28.5.1990, appointing Administrator for Intermediate College, known as Brig. Hoshiar Singh Memorial Uchchatar Madhyamik Vidyalaya, Shamli, Muzaffamagar (hereinafter referred to as the College), Committee of Management of which Sri Brahma Singh and Sri Baboo Singh were the President and Manager respectively, filed a Writ Petition No. 14962 of 1990. It appears that during the pendency of this writ petition another election of the Committee of Management was held and the District Inspector of Schools, Muzaffamagar (hereinafter referred to as the D.I.O.S), vide order dated 19.3.1993 recognised the Committee of Management of which Sri Brahma Singh and Sri Baboo Singh were the President and the Manager.
2. Against this order one Sri Anil Sharma filed Writ Petition No. 23927 of 1993. Both the aforesaid writ petitions were consolidated and were heard and decided together by judgment dated 12.3.1994 by a learned Single Judge.
3. The learned Single Judge dismissed Writ Petition No. 14962 of 1990 with cost, which was assessed at Rs. 10,000/- (Ten Thousand) on the ground shat the term of the Committee of Management, which was elected on 27.7.1986 came to an end on expiry of three years and one month and election held after the expiry of the above period was not a valid election. The other Writ Petition No. 23927 of 1993 was allowed with cost of Rs. 3,000/- (Three Thousand) in view of the finding recorded by the learned Single Judge while disposing of the first writ petition No. 14962 of 1990. Against the above judgment of the learned Single Judge, this Special Appeal has been filed.
4. Learned counsel for the appellants has made three submissions in support of this appeal, namely, (i) the term of the Committee of Management will start only from the date of attestation of the signature of the Manager of the newly elected Committee of Management;
(ii) direction of the learned Single Judge to the Administrator for holding the election of the Committee of Management on the basis of the list of voters of the general body, which was utilised in the 1986 election is unjustified; and (iii) cost awarded in the writ petitions by the learned Single Judge is highly excessive and arbitrary. Learned counsel for the respondents has, however, disputed the above contentions.
5. According to the Scheme of Administration of the college as approved under Sec. 16-A of the U.P Intermediate Education Act (hereinafter referred to as the Act), the life of the Committee of Management is three years and one month, after the expiry of which its term will come to an end automatically even if the new Committee of Management has not been elected. It is settled law that life of the Committee of Management comes to an end after the expiry of three years and one month and it is not open to it or its office bearers to hold election of the new Committee of Management thereafter. In this connection it is sufficient to refer two cases, decided by Division Bench of this Court in Committee of Management v. Deputy Director of Education . 1985 U.P.L.B.E.C 1595. and Ram Kripal Singh v. Committee of Management.2 It is admitted to the learned counsel for both the parties that election of the last Committee of Management was held on 27.7.1986 Period of three years and one month counted from 27.7.1986 expired on 27.8.1989 It is admitted case of both the parties that no election was held up to 27.8.1989 According to the appellants election was held on 5.3.1990, which was definitely after the expiry of three hears and one month from the date of election. Such an election is wholly illegal. Contention of the learned counsel for the appellants, however, is that term of the Committee of Management commences from the date of attestation of signature of its manager. It is contended on behalf of the appellants that the signature of the Manager of the Committee of Management, which was elected on 27.7.1986 was attested by the D.I.O.S on 5.3.1987 and the period of three years and one month should be counted from the above date and not from the date of election. If it is so counted, the election held on 5.3.1990 will be within the period of three years and one month. The question, as such, is whether the term of the Committee of Management will commence from the date of the attestation of signature of the Manager of the newly elected Committee of Management. Similar contention, which was raised before a Division Bench of this Court earlier in the case of Committee of Management v. Deputy Director of Education Vth Region, Varanasi . 1991 2 U.P.L.B.E.C 1183. was negatived by holding as under:—
“Attestation is only for the purpose of distribution of salary under the Payment of Salary Act. It is true that the functioning of the Committee of Management is varied and is not confined merely for the purposes of distribution of the salary and thus the attestation of the signatures by the District Inspector of Schools could not be the starting point of the life of the Committee of Management. It may be in a given case from the date of the election's result are declared as urged by the respondents. However, in case the election took place earlier than the prescribed period of the earlier Committee of Management coming to an end. In such cases it cannot be said that the period started from the date of election. Question, therefore, would be as to what would be the date which can be said that the period of the Management Committee starts. We find that there is nothing in the Act, Rules or under the Scheme of Administration. However, we feel after perusing the Scheme of Administration, the various provisions of the Act and the Rules that its period would start running either from the date of election validly held where the period of earlier Committee of Management has already come to an end prior to this date and there being no dispute or from the date the elected Committee of Management takes over the charge of the Management.”
6. Contention of the learned counsel for the appellants in this connection is that the decision of the Division Bench in the case of Committee of Management v. Deputy Director of Education, Vth Region, Varanasi (supra) cannot be applied to the instant case, because under the Scheme of Administration of the college recognition of the new Committee of Management by the D.I.O.S is necessary. It is true that it is mentioned in the Scheme of Administration of the college that papers of the election will be submitted before the D.I.O.S who will recognise the Committee, if he is satisfied from the perusal of the record. But the Scheme further says that the Committee so elected shall take over charge after the expiry of the term of the outgoing Committee. Taking over charge of the college by the newly elected Committee is not dependent on the recognition by the D.I.O.S The term of the newly elected Committee begins immediately on the expiry of the outgoing Committee and if the Committee of Management is not elected before the expiry of the term of the outgoing Committee, Regional Deputy Director of Education is required by the Scheme itself to appoint an Administrator for holding election of a new Committee and till then to manage the affairs of the college. It is thus, obvious that commencement of the term of the newly elected Committee of Management does not depend on the recognition by the D.I.O.S Recognition and attestation of the signature of the manager of the newly elected Committee is only for the purpose of payment of salary of employees of the college. The first submission of the learned counsel, as such, has got to be rejected.
7. As regards the second submission of the learned counsel, it may be mentioned that the learned Judge has issued direction for holding election of the new Committee of Management on the basis of the voters' list, which was utilised in the election held in 1986. Election, which was held on 27.7.1986 is not disputed by any party. The term of the Committee of Management, which was elected on 27.7.1986 continued up to 27.8.1989 Any member enrolled by the Committee elected on 27.7.1986 during its term of office is entitled to participate in the next election. The direction of the learned Single Judge for holding a fresh election on the basis of the voters' list utilised in the election of 1986, as such, cannot be sustained.
8. The third submission regarding cost is also liable to be accepted. It is true that outgoing Committee and its office bearers cannot hold election of new Committee after the expiry of its term; but what is the date from which term will commence, was not clear till the decision of this Court in Committee of Management v. Deputy director of Education which was decided on 26.4.1989; but was published in 1991. The conduct of the appellants in holding the election after the expiry of the term of its earlier Committee cannot be said to be malafide. Under the circumstances imposition of cost of Appeal Allowed Partly. Rs. 10,000/- (Ten Thousand) in one case and Rs. 3,000/- (Three Thousand) in another case is unjustified and is liable to be set aside.
9. This appeal is partly allowed and partly dismissed. The direction issued by the learned Single Judge for holding election of the Committee of Management on the basis of voters' list utilised in the election of 1986 is set aside. The election of the Committee of Management shall be held on the basis of the list of voters enrolled by the Committee of Management elected on 27.7.1986 during its term, which came to an end on 27.8.1989 We also set aside that part of the judgment of the learned Single Judge whereby costs of Rs. 10,000/- (Ten thousand) in one writ petition and Rs. 3,000\- (Three Thousand) in another writ petition have been imposed. On the rest of the points this appeal is dismissed. In view of the facts and circumstances of the case, parties are directed to bear their own costs throughout.
10. Appeal Allowed Partly.