Allowed

C/M Shri Sudhishta Baba Sikshan Pratishthan and Another v. State of U.P. and 3 Others

Allahabad HC25 Aug 2023WRIC/11678/2023

Case brief

AI extract

What is this about?

The High Court issued a writ of mandamus directing the Assistant Registrar to provide a certified list of members within two months. The Registrar was directed to appoint an Election Observer and conduct the election for the Committee of Management of Sudhishta Baba Snatkottar Mahavidyalay within four weeks thereafter.

What did the court decide?

Mandamus issued to Assistant Registrar to provide member lists within two months; Registrar directed to appoint Observer and hold election within four weeks.

C/M Shri Sudhishta Baba Sikshan Pratishthan and… — Education and Admissions | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:171831

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Court No. - 4

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Case :- WRIT - C No. - 11678 of 2023

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Petitioner :- C/M Shri Sudhishta Baba Sikshan Pratishthan And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kamlesh Kumar Bharti,P.K. Upadhyay Counsel for Respondent :- C.S.C.,Lavlesh Kumar Shukla

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Hon'ble Prakash Padia,J.

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Heard Shri G.K. Singh, learned Senior Counsel assisted by Shri P.K. Upadhyay, learned counsel for the petitioners, learned Standing Counsel appearing on behalf of respondent nos. 1 & 3 and Shri Lavlesh Kumar Shukla, learned counsel for respondent no.2.

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The present petition has been filed inter-alia with the prayer to set-aside the order dated 19.01.2023 passed by respondent no.2 namely the Registrar, Jannayak Chandrashekhar University, Ballia whereby the election of the Committee of Management of the institution namely Sudhishta Baba Snatkottar Mahavidyalay Sudistpuri, Raniganj, Ballia has been stayed for indefinite period. A Further prayer has been made to direct the respondent nos. 3 & 4 namely District Magistrate, Ballia who is working as Authorized Controller as well as Dr. Shivendra Dubey, Assistant Professor/respondent no.4 who was appointed as Election Officer to hold the election of the Committee of Management of the institution in accordance with law expeditiously.

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It is argued by the counsel for the petitioners that pursuant to the letter written by the Secretary of the Institution dated 24.08.2022 the Vice Chancellor has appointed Professor Arvind Netra Pandey as Election Observer in order to hold the election of the Committee of Management of Institution.

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Since Professor Arvind Netra Pandey declined to hold the election, the election could not be held. Subsequently Shri Ram Singh the President of the Committee of Management submitted a complaint to provide the certified list of members of the Management Committee and General body. Pursuant to the same, letters dated 14.01.2023 and 19.01.2023 were written by the University to the Assistant Registrar, Firm, Societies And Chits, Azamgarh.

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In this view of the matter, the letter in question namely the letter dated 19.01.2023 was written by the Registrar of the University to the petitioner no.2 stating therein that the elections were stayed till the time the certified list of valid members of the Managing Committee as well as the General body of the Societies be provided by the Assistant Registrar and a fresh Election Observer be appointed.

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Since the lists were not provided, the letter dated 19.01.2023 was written by the Registrar of the University to the petitioner no.2 stating therein that till the time the aforesaid lists were provided by the Assistant Registrar, and till the time of fresh Election Observer be appointed, the further proceedings be stayed. Hence the order impugned has been passed by the respondent no.2 stating therein that election should only be held after the certified list of valid members of the Managing Committee as well as the General body of the Societies be provided by the Assistant Registrar.

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It is argued by the counsel for the petitioners that in the facts and circumstances, the Assistant Registrar, Firm, Societies and Chits, Azamgarh be directed to provide the certified list as per the letter dated 19.01.2023 written by the University, expeditiously and thereafter the Election Observer be directed to hold the election of the Committee of Management of the institution.

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Learned Standing Counsel as well as learned counsel appearing on behalf of University has no objection.

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In this view of the matter, a mandamus is issued to the Assistant Registrar, Firms, Societies and Chits, Azamgarh to provide the list of valid members of the Managing Committee as well as General body of the Society to the Registrar of the University within a period of two months from the date of presentation of certified copy of this order before him.

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It is made clear that after the aforesaid lists were provided, the Registrar of the University is directed to appoint an Election Observer to conduct the election and after the appointment of the Observer, the election be held expeditiously and preferably within a period of four weeks' thereafter.

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With the aforesaid observations, the writ petition is disposed of finally. No order as to costs.

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Order Date :- 25.8.2023 Swati

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Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad

C/M Shri Sudhishta Baba Sikshan Pratishthan and Another v. State of U.P. and 3 Others

Case brief

What is this about?

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C/M Shri Sudhishta Baba Sikshan Pratishthan and Another v. State of U.P. and 3 Others

Case brief

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What did the court decide?

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