C/M Lavkush Uchchattar Madhyamik Vidyalaya and Another v. State of U P and 3 Others
Allahabad HCWRIC/16885/2019
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What is this about?
Case :- WRIT - C No. - 16885 of 2019…
What the court decided
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Case :- WRIT - C No. - 16885 of 2019…
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Court No. - 7
Case :- WRIT - C No. - 16885 of 2019
Petitioner :- C/M Lavkush Uchchattar Madhyamik Vidyalaya And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Bhawesh Pratap Singh,Sri Ashok Khare (Sr. Advocate) Counsel for Respondent :- C.S.C.,Kaushal Kumar Ojha,Rakesh Pande
Hon'ble Ajay Bhanot,J.
Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri Bhawesh Pratap Singh, learned counsel for the petitioners and Sri Rakesh Pande, learned Senior Advocate assisted by Sri Kaushal Kumar Ojha, learned counsel for the respondents.
The order dated 23.04.2019 passed by the Assistant Registrar invalidates the list of 19 members set up by the petitioners and confirm the list of 46 members submitted by the respondent No.4. Various contentions have been made on merits by both the learned Senior Counsels regarding the validity of the invalidated members of either parties.
The order dated 23.04.2019 has been passed pursuant to orders and judgment dated 02.07.2018 entered by this Court in Writ -C No.19195 of 2019 (Committee of Management Lavkush Uchchattar Madhyamik Vidyalaya and another Vs. State of U.P. and others). The operative portion of the judgment is extracted hereunder:-
"In regard thereto, on consent, the writ petition is finally disposed of by passing the following order:
i.) election of the Committee will be held as directed by the Regional Committee under the supervision of the District Inspector of Schools himself or by an Officer duly appointed by him;
ii.) list of members of the electoral college shall be obtained by the District Inspector of Schools from the Assistant Registrar, Chits, Funds and Societies, Allahabad;
iii.) the Election Officer shall proceed to hold the elections as per the Scheme of Administration, after inviting objections to the members of the electoral college and deciding the objections;
iv.) it is expected that the elections shall be conducted and concluded within two months from the date of filling of certified copy of this order;
v.) it is clarified that in the interim period pending elections, the petitioner Committee of
Management shall continue but shall not take any major financial or policy decision."
From the tenor of the order, it is clear that the list submitted by the Assistant Registrar is not final for purposes of the election to the Committee of Management of the institution. The Election Officer has called objections to the electoral college. It is open to the petitioners, to submit their objections to the Election Officer, against the list forwarded by the Assistant Registrar, Firms, Society and Chits. In case, the objections are filed, the same shall be decided, in terms of the letter dated 18.06.2019 before the election are held. The Election Officer shall apply his mind independently to the objections and pass appropriate orders.
Since the order dated 23.04.2019, passed by the respondent No.2, Assistant Registrar, Firms, Societies and Chits, Prayagraj (Allahabad) has not been tested on its merit, it is open to the petitioner to challenge the same, as and when so advised.
The writ petition is, accordingly, disposed of.
Order Date :- 15.7.2019 Nitin Verma
1 issue framed by the court
Whether the list of 19 members invalidated by the Assistant Registrar should remain invalid pending further orders.
C/M Lavkush Uchchattar Madhyamik Vidyalaya
State Of U P
Ajay Bhanot
As recorded by the court registry
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