Disposed

Rajendra Pratap Aarya and 6 Others v. State of U.P. and 14 Others

Allahabad HC4 May 2018WRIC/15963/2018

Case brief

AI extract

What is this about?

A writ petition challenging the order finalising an electoral college for a cooperative society election was disposed of. The Court declined to examine the election college composition, leaving that for the Regional Level Committee, as the election was already scheduled.

What did the court decide?

Petition disposed without examining the challenge to the electoral college finalisation.

Rajendra Pratap Aarya and 6 Others Vs State of… — Education and Admissions | Allahabad HC (2018)

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Court No. - 19

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Case :- WRIT - C No. - 15963 of 2018

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Petitioner :- Rajendra Pratap Aarya And 6 Others Respondent :- State Of U.P. And 14 Others Counsel for Petitioner :- Gautam Baghel Counsel for Respondent :- C.S.C.,Chandra Prakash Mishra

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Hon'ble Manoj Kumar Gupta,J.

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Heard Sri G. K. Singh, learned senior counsel assisted by Sri Gautam Baghal for the petitioners, learned standing counsel for respondents 1 to 5 and Sri R. K. Ojha, learned senior counsel assisted by Sri C.P. Mishra for respondent no.6.

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The instant writ petition has been filed challenging the order dated 19.4.2018 passed by the election officer appointed for holding election of DAV Balika Inter College, Mau, a recognised institution under the U.P. Intermediate Education Act, 1921. By the said order, the election officer, in course of holding of election, has finalised the electoral college comprising of 23 persons and has also notified election programme, according to which election is scheduled to be held on 6 May 2018.

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It is noteworthy that the election officer, who has passed the impugned order, was appointed as such by order dated 17.8.2017 passed in Special Appeal No.417 of 2017, wherein the order of the learned single judge deciding election dispute was under consideration. The Division Bench, in its order has observed as follows :-

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"The papers pertaining to the elections to be so held shall be transmitted to the Regional Level Committee. The Regional Level Committee shall decide the objection, if any filed, within four weeks of the receipt of the papers strictly in accordance with law. All consequential action shall be taken immediately thereafter. The entire exercise may be completed within a period of three months from today."

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Since the election schedule has already been notified, therefore, this Court is not inclined to entertain the challenge to the finalisation of the electoral college at this stage but leaves the said question open for being raised before the Regional Level Committee, who has to take decision in relation to validity of the election as per order dated 17.8.2017 passed in the Special Appeal.

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The petition stands disposed of accordingly.

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(Manoj Kumar Gupta, J.)

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Order Date :- 4.5.2018

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skv

Rajendra Pratap Aarya and 6 Others v. State of U.P. and 14 Others

Case brief

What is this about?

What did the court decide?

Rajendra Pratap Aarya and 6 Others v. State of U.P. and 14 Others

Case brief

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