Disposed

C/M Kisan Inter College Rasoolaha and Another v. District Inspector of Schools Jaunpur and 6 Others

Allahabad HC13 Jan 2020WRIC/982/2020

Case brief

AI extract

What is this about?

Single judge disposed of a writ petition seeking quashing of an order rejecting membership objections. The court declined to interfere with an ongoing election process, directing the petitioners to utilize remedies before the District Inspector of Schools.

What did the court decide?

None; the writ petition was disposed of without allowing the quashing prayer.

C/M Kisan Inter College Rasoolaha and Another Vs… — Writ and Judicial Review | Allahabad HC (2020)

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Court No. - 54

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Case :- WRIT - C No. - 982 of 2020

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Petitioner :- C/M Kisan Inter College Rasoolaha And Another Respondent :- District Inspector Of Schools Jaunpur And 6 Others

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Counsel for Petitioner :- Manvendra Nath Singh,Vinod Kumar Singh(Senior Adv.)

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Counsel for Respondent :- C.S.C.,Rajesh Kumar Singh

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Hon'ble Rajiv Joshi,J.

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Heard Shri Vinod Kumar Singh, learned Senior Counsel assisted by Shri Manvendra Nath Singh, learned counsel for the petitioners and Shri Radha Kant Ojha, learned Senior Counsel assisted by Shri Rajesh Kumar Singh, learned counsel for the respondent No.7.

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Present Writ Petition under Article 226 of the Constitution of India has been filed for quashing the impugned order dated 21.12.2019 passed by the Assistant Registrar, Firms, Chits and Societies, Varanasi, respondent No.5, whereby the objection raised by the petitioners with regard to the membership of the members has been rejected.

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The contention of the learned counsel for the petitioners is that the impugned order has been passed exparte without hearing the petitioners.

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Learned counsel for the respondents submits that the election has already been notified for 19.1.2020 vide notification published in Daily Newspaper on 3.1.2020, therefore, the Writ Petition at this stage challenging the list of members finalized by the Assistant Registrar is not maintainable.

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The Division Bench of this Court after considering the judgement of the Apex Court as well as this Hon'ble Court has settled that the election process once started it should come to its logical conclusion. In support of his contention learned counsel for the petitioner relied upon the Division Bench judgement in the case of Basant Prasad Srivastava and another v. State of U.P. and another reported in 1993(2) U.P.L.B.E.C. Page 1333 which is as follows :

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"When once the election process starts, it must come to its logical conclusion. Once it comes to its logical conclusion by declaration of result of the election the aggrieved person may challenge the election by filing election petition or civil suit in accordance with law. In such a proceeding the election may not be set aside if the alleged illegality or irregularity has

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not materially affected the result of the election. Approach to Court at intermediate stages in the election is bound to result in an office either remaining vacant or being occupied by a person whose entitlement to hold the office has ceased. Neither is a happy situation. It is, therefore, desirable that the election process should end as early as possible and the declaration of result should not be deferred through repeated interim orders passed from time to time."

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Since the election programme had already been notified, this Court is not inclined to interfere with the process of election. Petitioners have remedy to challenge the same before the appropriate authority i.e. District Inspector of Schools, Jaunpur, who may refer the matter to the Regional Level Committee, if any objection is filed by the petitioners.

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Writ Petition is, accordingly, disposed of.

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Order Date :- 13.1.2020 T. Sinha

C/M Kisan Inter College Rasoolaha and Another v. District Inspector of Schools Jaunpur and 6 Others

Case brief

What is this about?

What did the court decide?

C/M Kisan Inter College Rasoolaha and Another v. District Inspector of Schools Jaunpur and 6 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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