Disposed

C/M Jai Kishan Inter College Lalpur Basti and Another v. State of U.P. and 4 Others

Allahabad HC8 Jan 2018WRIC/642/2018

Case brief

AI extract

What is this about?

Petitioner sought direction to hold elections for the Committee of Management of a college where the term had expired. The Court disposed of the petition without deciding merits, granting liberty to the petitioner to make representations to the District Inspector of Schools for a decision on any lapse in holding elections.

What did the court decide?

Petition disposed with liberty to the petitioner to make a comprehensive representation before the District Inspector of Schools regarding the grievance.

C/M Jai Kishan Inter College Lalpur Basti and… — Cooperative Societies | Allahabad HC (2018)

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Court No. - 33

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Case :- WRIT - C No. - 642 of 2018

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Petitioner :- C/M Jai Kishan Inter College Lalpur, Basti And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Uma Kant Mishra,Rishu Mishra Counsel for Respondent :- C.S.C.,Uma Nath Pandey

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Hon'ble Manoj Misra,J.

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Heard learned counsel for the petitioners; learned Standing Counsel for the respondents 1 to 4; and Sri Uma Nath Pandey for the respondent no.5.

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According to the case of the petitioners, the last election of the Committee of Management of the Institution was held on 23.03.2012 and thereafter no elections have been held and the term of the Committee of Management, as per the Scheme of Administration as well as Bye-laws of the Society, is five years which has expired in the month of March, 2017. Therefore a prayer has been made by the petitioner to direct the respondents 1 and 2 to appoint an Authorized Controller in the Institution and to hold election in accordance with law.

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Sri Uma Nath Pandey, who has appeared on behalf of the respondent no.5, has submitted that the term of the Committee of Management, according to the Scheme of Administration, is three years. The last election was held on 23.02.2014 which was accorded recognition by the District Inspector of Schools on 12.03.2014 and the signature of the respondent no.5 was attested as a Manager thereof. It is also the case of the fifth respondent that thereafter fresh elections have been held on 20.08.2017 and papers thereof have been forwarded to the District Inspector of Schools, Basti for taking appropriate action.

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Be that as it may, this Court considers it appropriate to dispose of this petition with liberty to the petitioner to make a comprehensive representation before the District Inspector of Schools, Basti in respect of his grievance. If any such representation is filed along with certified copy of this order, the District Inspector of Schools, Basti, after giving opportunity of hearing to the fifth respondent, shall take an appropriate decision in the matter and if it is found that no election of the Committee of Management has been held, then it shall be open to him to submit a report to the appropriate authority for taking appropriate action in accordance with the provisions of Section 16-D of the U.P. Intermediate Eduction Act, 1921. In case the District Inspector of Schools finds that elections have been duly

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held, it shall be open to him to take an appropriate decision in that regard in accordance with law.

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With the aforesaid liberty and observations/directions, the petition is disposed of .

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It is made clear that this Court has not expressed any opinion on the merits of the claim of any of the parties.

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Order Date :- 8.1.2018 AKShukla/-

C/M Jai Kishan Inter College Lalpur Basti and Another v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

C/M Jai Kishan Inter College Lalpur Basti and Another v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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