Dismissed

Krishna Kant Pathak v. State of U P and 4 Others

Allahabad HC15 Nov 2019WRIC/22330/2019

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What is this about?

The court dismissed a writ petition challenging election proceedings at an educational institution. The petitioner argued that an earlier interim order stayed the election. The court held that since a subsequent order quashing the superseding of the committee was operative, the petitioner had no jurisdiction, though they could separately challenge the election.

What did the court decide?

The writ petition challenging the election proceedings was dismissed on the basis that the superseding order was quashed in a related matter.

Krishna Kant Pathak Vs State of U P and 4 Others — Education and Admissions | Allahabad HC (2019)

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Court No. - 54

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Case :- WRIT - C No. - 22330 of 2019

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Petitioner :- Krishna Kant Pathak Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Prabhakar Awasthi Counsel for Respondent :- C.S.C.

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Hon'ble Saral Srivastava,J.

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Heard Sri Prabhakar Awasthi, learned counsel for the petitioner and Sri G.K. Singh, learned Senior Counsel assisted by Sri O.P. Ojha, learned counsel for the respondents.

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The petitioner claims to be the Deputy Manager of the committee of management of an institution namely, Shaheed Mangal Pandey Inter College, Nagawa District Ballia and has assailed the order dated 24.6.2019 passed by the District Inspector of Schools, Bareilly whereby he has appointed the Observer to conduct the election of the committee of management of the institution.

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This Court on 11.7.2019 passed the following order:

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"Sri O.P. Ojha, Advocate has filed his vakalatnama on behalf of respondent no. 5 is taken on record.

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Sri Prabhakar Awasthi learned counsel for the petitioner, contends that the order appointing the authorised controller in the institution was kept in abeyance by an order passed by this Court on 28.05.2019. During the pendency of the writ petition and in the teeth of the order passed by this Court, the District Inspector of Schools has proceeded to appoint an observer and held the election on 07.07.2019. Prima facie, the order and the election are in the teeth of the interim order passed by this Court.

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The elections so held shall not be given effect to and shall not be recognized.

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Put up on 30.07.2019, as fresh."

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The aforesaid order clearly reveals that the same has been passed as the committee of management of the institution has been superseded and Authorized Controller has been appointed, and therefore, the committee of management of the institution has no right to hold the election.

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The order of the State Government dated 10.5.2019 superseding the committee of management has been assailed by respondent no. 5 in Writ Petition No. 18058 of 2019 and this Court by order dated 15.11.2019 has quashed the order of the State

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Government dated 10.5.2019 superseding the committee of management of the petitioner and appointment of Authorized Controller.

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Thus, the sole premise on which the present petition has been filed by the petitioner that since there is an order of the State Government superseding the committee of management is in existence, the respondent no. 5 has no jurisdiction to hold the election is no more available to the petitioner. In this view of the fact, the writ petition is dismissed .

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However, it is open to the petitioner to challenge the election in an appropriate proceedings.

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Order Date :- 15.11.2019 Ishan

Krishna Kant Pathak v. State of U P and 4 Others

Case brief

What is this about?

What did the court decide?

Krishna Kant Pathak v. State of U P and 4 Others

Case brief

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