In this appeal arising from a writ petition concerning college elections, the Chief Justice's Court directed the District Inspector of Schools to complete the reconsideration exercise within a stipulated timeline.
Direction to District Inspector of Schools to complete reconsideration by 10th November, 2020.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Reserved
Chief Justice's Court
Case :- SPECIAL APPEAL DEFECTIVE No. - 358 of 2020
Appellant :- The Committee of Management Ashok Vidyalaya And Another Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Akhilesh Kumar, Radha Kant Ojha (Senior Adv) Counsel for Respondent :- C.S.C., Nipun Singh
Hon'ble Govind Mathur,Chief Justice Hon'ble Samit Gopal, J.
(Per : Hon'ble Govind Mathur, C.J.)
In this appeal, the argument advanced by learned counsel for the appellant is that learned Single Bench accepted the petition for writ in absence of the appellants who are the party necessary to the writ proceedings. Learned Single Bench has permitted the respondentpetitioner who is not even a General Body to manage a college under the control of the Committee of Management, the present appellant.
It is brought to our notice that a Writ Petition No. 5368 of 2020 is also pending consideration before this Court wherein an order passed by the Assistant Registrar dated 16.01.2020 is under challenge. The order aforesaid has been passed by the Assistant Registrar as per the directions given by learned Single Bench of this Court in Writ Petition No. 57729 of 2016. In the case aforesaid, following directions were given:-
“The order under challenge refuses to register list of office bearers of the society elected on 25.10.2015, on the ground that 11 out of 15 members elected in the previous election are no longer office bearers, and even the process of determination of electoral college was finalized on the date of holding of election itself.
Learned counsel for the petitioner makes various submissions on merits of the order. It is, however, not disputed that on the date fixed for holding of elections, the membership in respect of certain alleged dead members was also taken up.
In such circumstances, the Assistant Registrar does not
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appear to have acted illegally in discarding the election, inasmuch as it is settled that only after the electoral college is finalized, and parties are put to notice that election could have been held.
Learned counsel for the petitioner, at this stage, comes up with the prayer to direct the Assistant Registrar to hold fresh election under Section 25(2) of the Act. The prayer made in that regard appears to be bona fide.
Once the Assistant Registrar has refused to register the list of office bearers based upon the elections dated 25.10.2015, it would be appropriate to direct the Assistant Registrar to conduct fresh elections, in accordance with Section 25(2) of the Act, after determining the electoral college. The required exercise in that regard shall be conducted, within a period of three months from the date of presentation of certified copy of this order.”
Be that as it may, in entirety, learned Single Bench has remanded the matter to the District Inspector of Schools for reconsideration and, in the event of any dispute between the parties, the matter be referred to the Regional Level Committee for consideration.
Looking to the nature of relief granted, we deem it appropriate to dispose of this appeal by directing the District Inspector of Schools to complete the entire exercise of reconsideration as soon as possible, but on or before 10th November, 2020.
With the directions as above, this appeal is disposed of accordingly.
Order Date :- 19.10.2020 Shubham
(Samit Gopal, J.) (Govind Mathur, C.J.)
2 issues framed by the court
Whether the appeal against the Single Bench's order permitting elections by a non-general-body petitioner be allowed.
Whether the District Inspector of Schools must complete the reconsideration exercise within a specific time limit.
The Committee of Management Ashok Vidyalaya
State Of U.P.
Govind Mathur
Samit Gopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
