Disposed

Committee of Management Ashok Gangwar Memorial Inter College, Tahpur, Kannauj and Another v. State of Up and 4 Others

Allahabad HC8 May 2018WRIC/15093/2018

Case brief

AI extract

What is this about?

This is a writ petition challenging the finalization of the Electoral College for an institution election and the subsequent election results. The Court disposed of the petition by agreeing to refer the election dispute to the Regional Level Committee for determination, while allowing the continuation of account operations by a specific respondent until decided.

What did the court decide?

The second respondent directed to determine the election dispute after due notice; signatures attested respondent to continue operating accounts pending the decision.

Committee of Management Ashok Gangwar Memorial… — Education and Admissions | Allahabad HC (2018)

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Court No. - 19

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Case :- WRIT - C No. - 15093 of 2018

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Petitioner :- Committee Of Management Ashok Gangwar Memorial Inter College, Tahpur, Kannauj And Another Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Yogesh Kumar Saxena Counsel for Respondent :- C.S.C.,Nand Lal Pandey

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Hon'ble Manoj Kumar Gupta,J.

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The instant petition is directed against the order dated 2.4.2018 passed by the Election Officer/Principal, Rajkiya Inter College, Umrada, Kannauj, whereby the Electoral College comprising of 29 persons was finalised for conducting the election of the Committee of Management of Ashok Gangwar Memorial Inter College, Tahpur, Kannauj, a recognised Institution under the U.P. Intermediate Education Act, 1921. The petitioners have also challenged the election held on 8.4.2018, as well as the attestation of signatures of respondent No. 5, as Manager of the Committee of Management on 10.4.2018.

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The main contention of learned counsel for the petitioners is that by order dated 28.4.2017, the Deputy Registrar rejected the complaint filed by Devendra Kumar, the erstwhile Manager regarding election dated 13.11.2016. By the same order, the Deputy Registrar also held that there were 79 valid members in the General Body of the Society, out of whom, 4 had been expelled. It is urged that since the Deputy Registrar has already determined the dispute relating to the General Body of the Society in exercise of power under Section 4-B of the Societies Registration Act, 1860, therefore, the said adjudication was binding on the Election Officer, and the determination made by him by the impugned order that the Electoral College comprises of 29 members was wholly illegal. It is further submitted that election held on the basis of such determination is also illegal and therefore, the consequential action is also liable to be set-aside.

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On the other hand, Sri N.L. Pandey, learned counsel appearing on behalf of respondent Nos. 5 & 6 submitted that the entire proceedings regarding induction of 50 members was fabricated by

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the petitioners. In this regard, a criminal investigation was launched and wherein, a charge sheet has been submitted against the petitioners. He submitted that having regard to these facts, the Election Officer was fully justified in repelling the claim of membership of 50 new members.

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Counsel for the parties do not dispute before this Court that the validity of the election held on 8.4.2018 could be examined by the Regional Level Committee. Therefore, they very fairly agreed for disposal of the instant writ petition by the following order: -

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a) The second respondent shall proceed to determine the dispute relating to the election held on 8.4.2018 on a representation made by the petitioners, after due notice and opportunity of hearing to the rival claimants.

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b) Since the signatures of respondent No. 5 have already been attested, and on basis whereof, respondent No. 6 is managing the affairs of the Institution, therefore, till the dispute is decided by the Regional Level Committee, it is agreed between the parties that respondent No. 5 will continue to operate the accounts of the Institution.

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c) The second respondent shall make endeavour to decide the dispute, within three months from the date of receipt of representation along with certified copy of this order.

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d) All pleas and contentions are left open for being raised before the Regional Level Committee.

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e) After the decision is taken by the Regional Level Committee, further action and rights and liabilities of the parties shall stand governed by the said adjudication.

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The writ petition stands disposed of accordingly.

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(Manoj Kumar Gupta, J.)

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Order Date :- 8.5.2018 AM/-

Committee of Management Ashok Gangwar Memorial Inter College, Tahpur, Kannauj and Another v. State of Up and 4 Others

Case brief

What is this about?

What did the court decide?

Committee of Management Ashok Gangwar Memorial Inter College, Tahpur, Kannauj and Another v. State of Up and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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