C/M Bharthana Vidya Sabha and Another Vs State of U.P. and 3 Others

Court No. - 19

Case :- WRIT - C No. - 15422 of 2018

Petitioner :- C/M Bharthana Vidya Sabha And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Swapnil Kumar,Manan Kumar Choubey Counsel for Respondent :- C.S.C.

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Hon'ble Manoj Kumar Gupta,J.

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By impugned order dated 6.4.2018, the District Inspector of Schools, while appointing an observer for holding elections of the Committee of Management of a recognised Intermediate College, had directed him to fix date for holding election after calling for list of members of the General Body from all the three rival claimants, and after examining the list, conduct elections in accordance with law. In pursuance of the said order, the observer has issued the impugned notice dated 14.4.2018 to all the three rival claimants, one amongst them being the petitioner herein, requiring them to submit their documents, so that election is conducted.

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The case of the petitioners is that they had already conducted the election on 10.4.2018, though it is admitted that there was no observer in the said election. The petitioners, therefore, contend that the observer cannot compel them to submit the list or to decide the issue relating to membership.

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In the opinion of the Court, since the petitioners have already held the election, and as such, they don't seem to be really aggrieved by the impugned notice, as it is always open to them to apprise the observer of their stand. As such, this Court declines to go into the validity of the impugned orders at the instance of the petitioners.

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The petition is accordingly disposed of.

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(Manoj Kumar Gupta, J.)

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Order Date :- 27.4.2018 AM/-

C/M Bharthana Vidya Sabha and Another v. State of U.P. and 3 Others

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C/M Bharthana Vidya Sabha and Another v. State of U.P. and 3 Others

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