Allahabad High Court
THE C/M BINAPARA MINORITY EDU. SOCIETYversusABDUL QAYYUM AND 5 ORS.
- Decided
Holding
The court held that, given the lapse of the previous Committee’s term and the passage of time, the appropriate relief is to direct the Joint Director of Education to hold fresh elections of the Committee of Management.
Summary
The Special Appeal No. 328 of 2014 challenged a Single Judge’s order directing a fresh election of the Committee of Management of Binapara Inter College and the appointment of an authorized controller. The appellant argued that the earlier election of 2012 was invalid, while the respondents contended that the term of that Committee had already expired and the single‑hand operation of accounts was lawful. The court noted that the Committee’s term had long elapsed, the earlier orders had been stayed, and no rival Committee existed, rendering the 2012 election dispute moot. It further observed that the Joint Director’s appointment of an authorized controller in 2019 was later recalled in 2020, yet fresh elections had not been held. In the changed circumstances, the court directed the Joint Director of Education, Azamgarh, to conduct fresh elections within four months, thereby disposing of both the special appeal and the connected writ petition.
Issues considered
- Whether the order directing a fresh election of the Committee of Management remains enforceable despite the expiry of the previous Committee’s term.
- Whether the continuation of single‑hand operation of the institution’s accounts is illegal in the absence of a duly elected Committee.
- Whether the court can issue a fresh directive for elections notwithstanding earlier stays and procedural delays.
Subjects
- election
- management committee
- single hand operation
- education administration
- fresh election
- statutory compliance
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
SPECIAL APPEAL No. - 328 of 2014
The Committee of Management, Binapara Minority Educational
Society
…..Appellant(s)
Versus
Abdul Qayyum and 5 others
…..Respondent(s)
Counsel for Appellant(s) : Ashok Khare, J.P. Singh
Counsel for Respondent(s) : Arvind Srivastava, Rajiv
Singh, S.C., Irshad Ali,
S.K.S. Paliwal, Vipin Kumar
Singh
Connected with
WRIT - C No. - 35984 of 2015
Committee of Management, Beenapara Inter College and another
…..Petitioner(s)
Versus
State of U.P. and 7 others
…..Respondent(s)
Counsel for Petitioner(s) : Ashok Khare, J.P. Singh
Counsel for Respondent(s) : Arvind Srivastava, Rajiv
2
SPLA No. - 328 of 2014
Singh, S.C., S.K. Singh
Paliwal
Chief Justice's Court
HON'BLE ARUN BHANSALI, CHIEF JUSTICE
HON'BLE KSHITIJ SHAILENDRA, J.
1. The matter is listed under the category ‘Oldest pending
cases in this High Court, for priority hearing’.
2. Heard learned counsel for the appellant in Special Appeal
No. 328 of 2014, who are also petitioners in connected Writ-C No.
35984 of 2015 and learned Standing Counsel for the State-
respondents. None has appeared to argue the matter on behalf of
private respondents.
3. The special appeal is directed against the order dated
12.03.2014 whereby the learned Single Judge, while allowing
Writ-C No. 6342 of 2014 filed by the respondents no. 1 and 2 , set
aside the order dated 10.01.2014 passed by the District Inspector
of Schools, Azamgarh (‘D.I.O.S.’) and directed him to hold a fresh
election in the presence of his Observer within a period of two
months. Learned Single Judge further directed that till the fresh
election was held, payment of salary of the teachers and
employees of the Institution would be made by single hand
operation of the D.I.O.S. and he would appoint an authorized
controller, who shall continue till the fresh election was held.
4. Challenge laid in the said writ petition was to an order dated
10.01.2014, whereby D.I.O.S. had recognized elections dated
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SPLA No. - 328 of 2014
17.06.2012, wherein one Shaukat Ali representing the present
appellant-Committee, was elected as Manager of the Institution.
5. An interim order was passed in this appeal on 28.03.2014
whereby effect and operation of order dated 12.03.2014 passed by
the learned Single Judge was stayed and it was left open for the
respondents to either approach the Regional Level Committee
(R.L.C.) or to wait for decision in the special appeal. Further
observation was made that if the respondents approach the R.LC.,
the dispute may be decided after notice to the parties as
expeditiously as possible.
6. Learned counsel for the appellant has filed a supplementary
affidavit dated 10.11.2025 in the appeal stating that in terms of
liberty granted in the interim order dated 28.03.2014, the
respondents approached the R.L.C. which passed an order dated
15.06.2015 rejecting the claim of the appellant. Aggrieved of the
order dated 15.06.2015, the appellant filed Writ-C No. 39584 of
2015 (the connected matter), in which an order was passed on
01.07.2015 to place the record of the said writ petition before the
Division Bench alongwith Special Appeal no. 328 of 2014 (the
present appeal).
7. It is further stated in the supplementary affidavit that, at the
behest of contesting respondents, an order dated 20.12.2019 was
passed by the Joint Director of Education, Azamgarh on
20.12.2019 appointing Authorized Controller in the Institution and
on 14.01.2020, signatures of newly appointed Authorized
Controller were attested by the D.I.O.S. Challenging the order
dated 20.12.2019, Writ-C No. 5380 of 2020 was filed by the
appellant wherein an order was passed on 13.02.2020 requiring
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SPLA No. - 328 of 2014
the State-respondents to provide instructions. The instructions
produced thereafter indicated that the Joint Director of Education
had, on 22.02.2020, recalled the order dated 20.12.2019;
consequently the writ petition was disposed of on 27.02.2020
permitting the appellant to move a representation before the Joint
Director for compliance of the directions contained in the order
dated 10.06.2015 passed by the R.L.C. for holding fresh election
to constitute a Managing Committee and the Joint Director was
also directed to examine the issue in the light of the scheme of
administration and in accordance with law.
8. Submission has been made that on the one hand, Joint
Director of Education has not yet held elections in furtherance of
order dated 27.02.2020 passed in Writ-C No. 5380 of 2020, on the
other hand, single hand operation of accounts of the Institution is
continuing. A prayer has been made that since elections of the
Committee of Management have not been held after 2012 and
continuance of single hand operation is causing prejudice to the
interest of the appellant, a direction may be issued to the Joint
Director of Education to hold fresh elections of the Committee of
Management.
9. Learned counsel for the appellant has, in fact, in the
changed circumstances, without prejudice to the plea raised, stated
that he is now not questioning the validity of the order impugned
either in the special appeal or in the writ petition and, he confines
his submissions and prayer in the light of the current situation.
10. Learned Standing Counsel has made submissions that
appellant cannot claim any right based upon the previous elections
which have already been turned down by the R.L.C. in its order
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SPLA No. - 328 of 2014
dated 10.06.2015 and, even otherwise, the term of the Committee
of Management has already expired during the pendency of the
litigation. He, therefore, submits that continuance of order of
single hand operation, even in the present scenario, cannot be said
to be illegal.
11. We have considered the submissions made and have
perused the material available on record.
12. Admittedly, the term of the Committee of Management,
which was elected pursuant to elections dated 17.06.2012, has
come to an end long ago. Further, probably on account of various
litigation, as referred to herein-above, including the two matters,
which we are dealing with, the authorities have not proceeded to
hold elections of the Committee of Management, despite the fact
that the order appointing Authorized Controller was recalled way
back in the year 2020.
13. In view of above, we are of the opinion that the reliefs
claimed in the special appeal as well as in the writ petition, in the
changed circumstances and with the passage of time, can be re-
casted in the interest of justice, particularly in view of prayer “any
other relief which this Court may deem fit and proper in the facts
and circumstances of the case” and, therefore, we are inclined to
dispose of both the matters with a direction to Joint Director of
Education, Azamgarh to hold fresh elections of the Committee of
Management, as was directed earlier also under the order dated
27.02.2020 passed in Writ-C No. 5380 of 2020, which order has
not been set aside in any proceedings.
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SPLA No. - 328 of 2014
14. We also find that there being no rival Committee of
Management, the dispute which had arisen before the D.I.O.S. in
the year 2014 or before the R.L.C. in the year 2015, was on
account of non-casting of two votes by two members and, in that
view of the matter, the authorities passed orders which formed
subject matter of litigation. Apparently, the dispute even qua
alleged non-casting of two votes was confined to the elections of
the year 2012 which, with the passage of time, have lost their
significance for all purposes.
15. Consequently, the special appeal as well as writ petition are
disposed of directing the Joint Director of Education, Azamgarh
Region Azamgarh to hold elections of Committee of Management
of Institution-Binapara Inter College, Binapara, Azamgarh in
accordance with the scheme of administration and strictly in
accordance with law.
16. As soon as a copy of this order is produced before the Joint
Director of Education, he shall initiate the process of election and
shall ensure that it is completed in accordance with law within a
period of four months thereafter.
(Kshitij Shailendra,J.) (Arun Bhansali,CJ.)
March 30, 2026
Sazia
Digitally signed by :-
SAZIA AQUIL
High Court of Judicature at Allahabad
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