The Court declined to interfere with the notified election programme of a college management committee before results were declared, granting liberty to assail validity post-elections, and dismissed the writ petition.
The writ petition was dismissed; liberty granted to assail validity of elections after results declared.
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Court No. - 33
Case :- WRIT - C No. - 1457 of 2018
Petitioner :- Sushant Jain Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Babit Kumar Counsel for Respondent :- C.S.C.,Swetashwa Agarwal
Hon'ble Manoj Misra,J.
Heard learned counsel for the petitioner; learned Standing Counsel for the respondents 1 to 3; and Sri Swetashwa Agarwal for the respondent no.5.
The petitioner claims himself to be a life member of Jain Shiksha Samiti Mahalka and has petitioned this Court seeking quashing of the election programme of the Committee of Management of Jain Inter College, Mahalka, Meerut which is stated to have been established by the said Society. The elections are to be held on 14.01.2018.
Ordinarily, when an election programme is notified, court, at that stage, is not required to interfere because it would disturb the election schedule more so, when it is open to the petitioner to assail the validity of elections after the result is declared. Accordingly, this Court declines to interfere with the election at this stage though it is left open to the petitioner to ventilate his grievance before the appropriate forum after the elections are held.
With the aforesaid liberty, the petition is dismissed .
Order Date :- 11.1.2018 AKShukla/-
1 issue framed by the court
Whether the Court can interfere with the election programme of the Committee of Management before the result is declared.
Sushant Jain
State Of U.P.
Manoj Misra
As recorded by the court registry
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