This order directs the District Inspector of Schools to decide a representation challenging the validity of school committee elections before approving them, issuing the petition in the meantime.
Direction issued to District Inspector of Schools to decide representation regarding election validity within four months.
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Court No. - 54
Case :- WRIT - C No. - 489 of 2020
Petitioner :- Ravendra Singh And 13 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satya Prakash Singh,Bajrang Bahadur Singh Counsel for Respondent :- C.S.C.,Bheem Singh
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the petitioners and learned Standing counsel for the State as well as Sri Bheem Singh, learned counsel for respondent no.4.
The present writ petition has been filed challenging the impugned order dated 4.12.2019 passed by the District Inspector of Schools, Gautambudh Nagar whereby direction was issued to the outgoing Committee to hold the election.
It is contended by learned counsel for the petitioners that the last election held by the outgoing Committee has not been approved and the term of the Committee had already expired and the Committee became time barred and therefore, the direction issued by the District Inspector of Schools, Gautambudh Nagar for holding election by the said Committee is totally illegal and contrary to the scheme of administration.
On the other hand, learned counsel for respondent no.4 as well as learned Standing submits that the petitioner has no locus to file the writ petition as they are not members of the general body of the Committee of Management and further the election has already been held on 4.12.2019, in which Mahesh Chand Gupta has been elected as a Manager of the said Committee.
No useful purpose would be served by keeping the writ petition pending or calling the counter affidavit.
Since the election had already been held and the petitioners have already filed an objection assailing the validity of the election held on 4.12.2019 by means of the representation dated 17.12.2019 copy of which has been appended as annexure 12 to the writ petition, in the facts and circumstances of the present case, a direction is issued to the District Inspector of Schools, Gautambudh Nagar to decide the said objection before passing any order approving the said election, in accordance with law as expeditiously as possible preferably within a period of four months from the date of the production of the certified copy of
this order after affording opportunity of hearing to the affected parties.
It is made clear that this Court has not scrutinized the matter on merits, therefore, District Inspector of Schools, Gautambudh Nagar shall decide the matter on merits.
With the aforesaid direction the writ petition stands disposed of.
Order Date :- 14.1.2020 Akbar
Ravendra Singh And 13 Others
State Of U.P. And 3 Others
Rajiv Joshi
As recorded by the court registry
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