The High Court disposed of a writ petition seeking directions to halt approval of a school committee election pending a membership dispute. Ordered the District Inspector of Schools to consider objections and conduct a fresh election as per prior directions.
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Court No. - 54
Case :- WRIT - C No. - 735 of 2020
Petitioner :- C/M Shri Prahlad Smarak Shiksha Prasar Samiti And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Vineet Kumar Singh,Shri H. N. Singh ( Senior Advocate) Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard Sri H.N. Singh, learned Senior Advocate assisted by Sri Vineet Kumar Singh, learned counsel for the petitioners and learned Standing Counsel.
This writ petition has been filed for the following reliefs:
"(i) Issue a suitable writ, order or direction in the nature of mandamus commanding the respondents not to approve the election claimed by the respondent Committee of Management dated 21.05.2018 pending disposal of the dispoute of the membership of the general body of the Committee of Management of Shri Prahlad Smarak Shiksha Prasar Samiti, Krishna Nagar, Chaupla, Moonjh, Etawah which is general body of the Committee of Management of Shri Prahlad Smarak Inter College, Krishna Nagar, Chaupla, Moonjh, District Etawah.
(ii) Issue a suitable writ, order or direction in the nature of mandamus commanding the respondents to conduct the election of the C/M of Shri Prahlad Smarak Inter College, Krishna Nagar, Chaupla, Moonjh, District Etawah as per the list of the general body of the C/M of Shri Prahlad Smarak Shiksha Prasar Samiti, Krishna Nagar, Chaupla, Moonjh, Etawah decided by the Prescribed Authority in pursuance of the judgment and order dated 13.05.2019 passed by this Hon'ble Court in Writ C No. 15132 of 2019.
(iii) Issue a suitable writ, order or direction in the nature of mandamus commanding the respondents to conduct the election of the C/M of Shri Prahlad Smarak Inter College, Krishna Nagar, Chaupla, Moonjh, District Etawah through Authorized Controller appointed by the Joint Director, Secondary Education, Kanpur Region, Kanpur.
(iv) ..........................
(v) .........................."
The contention of learned counsel for the petitioner is that membership dispute of the society is pending before the Prescribed Authority and pursuant to the order of this Court dated 18.11.2019 passed in Writ C No. 36846 of 2019, the District Inspector of Schools, Etawah is going to decide the election held by the respondent-Committee of Management on 21.5.2018. It is further contended by learned counsel for the petitioner that objection challenging the said election was filed by the petitioner and therefore, his objection be considered before taking any decision regarding approval of the election by the District Inspector of Schools.
The order passed by this Court dated 18.11.2019 in Writ C No. 36846 of 2019 is very clear, whereby the direction was issued to decide the proceedings in question after giving opportunity of hearing to all the stakeholders as expeditiously as possible preferably within a period of three weeks from the date of production of certified copy of the order. The District Inspector of Schools, Etawah is expected to consider the objection raised by the petitioner before taking decision in respect of the matter pertaining to election held by the respondent-Committee of Management.
In view of the above, the writ petition is disposed of.
The petitioner is also permitted to file a fresh representation within a week from today alongwith certified copy of this order before the District Inspector of Schools, Etawah , who shall consider and pass appropriate order on the same.
Order Date :- 10.1.2020 Noman
C/M Shri Prahlad Smarak Shiksha Prasar Samiti And Another
State Of U.P.
Rajiv Joshi
As recorded by the court registry
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