Vagish Chandra Sharma and anr. Vs. State of U.P. and ors.

Vagish Chandra Sharma and anr. vs State of U.P. and ors.

Type Court Judgment Court Allahabad Decided Aug 12, 2009

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Citation: sooperkanoon.com/487716
Court: Allahabad High Court
Judge: Tarun Agarwala, J.
Decided On: Aug 12, 2009
Subject: Election

Case Summary

AI-generated summary - not the official court judgment text.

- MOTOR VEHICLES ACT, 1988 [C.A. No. 59/1988]Section 168; [S.B. Sinha & H.S. Bedi, JJ ] Determination of compensation Meaning of income of victim Held, The term income has different connotations for different purposes. A court of law, having regard to the change in societal conditions must consider the question n...

Key legal issue: Election

Parties & Advocates

Appellant / Petitioner

Vagish Chandra Sharma and anr.

Respondent

State of U.P. and ors.

Legal References

Cases Referred: Committee of Management and Anr. v. Regional Education Committee
Reported In: 2010(1)AWC130

Excerpt

- motor vehicles act, 1988 [c.a. no. 59/1988]section 168; [s.b. sinha & h.s. bedi, jj ] determination of compensation meaning of income of victim held, the term income has different connotations for different purposes. a court of law, having regard to the change in societal conditions must consider the question not only having regard to pay packet the employee carries home at the end of the month but also other perks which are beneficial to the members of the entire family. loss caused to the family on a death of a near and dear one can hardly be compensated on monetary terms. section 168 uses the word just compensation which, in our opinion, should be assigned a broad meaning. it cannot be lost sight of the fact that the private sector companies in place of introducing a pension scheme takes recourse to payment of contributory provident fund, gratuity and other perks to attract the people who are efficient and hard working. different offers made to an officer by the employer, same may be either for the benefit of the employee himself or for the benefit of the entire family if some facilities are being provided whereby the entire family stands to benefit, the same, must be held to be relevant for the purpose of computation of total income on the basis whereof the amount of compensation payable for the death of the kith and kin of the applicants is required to be determined. the amounts, therefore, which were required to be paid to the deceased by his employer by way of perks, should be included for computation of his monthly income as that would have been added to his monthly income by way of contribution to the family as contradistinguished to the ones which were for his benefit. from the said amount of income, the statutory amount of tax payable thereupon must be deducted......writ petition. in committee of management, kisan shiksha sadan, banksaht, district basti and anr. v. assistant registrar, firms, societies and chits, gorakhpur region, gorakhpur and anr. 1995 uplbec 1242; dr. p.p. rastogi and ors. v. meerut university, meerut and anr. 1997 (1) uplbec 415 : 1997 (2) awc 2.190 (noc); committee of management, sri kachcha baha inter college, varanasi and ors. v. regional committee, pancham mandal, varanasi and ors. 2007 (7) adj 414 and in writ petition no. 3328 of 2008, committee of management and anr. v. regional education committee, meerut region, meerut and ors. decided on 4.8.2008, it has been held that a writ petition at the instance of a member of the committee of management or at the instance of life member was not maintainable. however, since this writ petition was entertained and the court has noticed that the election conducted by the committee of management, was a void election coupled with the fact that the authorized controller has already taken charge, this court allows the writ petition and quashes the election conducted by the committee of management held in the year 2006. the court, further directs the authorised controller to hold the election within three months from the date of the production of a certified copy of this order.

Full Judgment

Tarun Agarwala, J.

1. This petition has been filed at the instance of the life members, who allege that the election conducted by the Committee of Management, respondent No. 5 was wholly illegal, inasmuch as, the said election was conducted after the expiry of four years and one month, as contemplated in the Scheme of Administration of the Society. This Court, by an interim order dated 16.7.2009 had directed the Regional Joint Director of Education to appoint an authorized controller. The learned standing counsel, Sri S.S. Sharma has submitted that an Associate District Inspector of Schools has been appointed as the authorised controller and that he has taken the charge of the institution.

2. The Committee of Management, respondent No. 5 was granted two weeks' and no more time to file a counter-affidavit, in spite of which, no counter-affidavit has been filed.

3. In Rajendra Singh v. State of U.P. and Ors. : 2004 (1) UPLBEC 995 : 2004 (1) AWC 736, a Division Bench has held that the Committee of Management cannot hold an election after its term had expired.

4. The record indicates that the term of the Committee of Management had expired on 13.9.2005 and the election was held after the expiry of almost five months on 28.2.2006. Consequently, the election of the Committee of Management could not have been conducted after the expiry of the period. The election so conducted was a void election.

5. This Court also finds that the petitioners had no locus standi to file the present writ petition. In Committee of Management, Kisan Shiksha Sadan, Banksaht, District Basti and Anr. v. Assistant Registrar, Firms, Societies and Chits, Gorakhpur Region, Gorakhpur and Anr. 1995 UPLBEC 1242; Dr. P.P. Rastogi and Ors. v. Meerut University, Meerut and Anr. 1997 (1) UPLBEC 415 : 1997 (2) AWC 2.190 (NOC); Committee of Management, Sri Kachcha Baha Inter College, Varanasi and Ors. v. Regional Committee, Pancham Mandal, Varanasi and Ors. 2007 (7) ADJ 414 and in Writ Petition No. 3328 of 2008, Committee of Management and Anr. v. Regional Education Committee, Meerut Region, Meerut and Ors. decided on 4.8.2008, it has been held that a writ petition at the instance of a member of the Committee of Management or at the instance of life member was not maintainable. However, since this writ petition was entertained and the Court has noticed that the election conducted by the Committee of Management, was a void election coupled with the fact that the authorized controller has already taken charge, this Court allows the writ petition and quashes the election conducted by the Committee of Management held in the year 2006. The Court, further directs the authorised controller to hold the election within three months from the date of the production of a certified copy of this order.

Same Court & Year Allahabad · 2009 Same Parties Vagish Chandra Sharma and anr. vs State of U.P. and ors. Same Subject Election Same Judge Tarun Agarwala, J.

Election