Committee of Management, Kisan Inter College Vs State of U.P. and 3 Others

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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WRIT - C No. - 18602 of 2026

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Committee Of Management, Kisan Inter College

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.....Petitioner(s)

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Versus

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State Of U.P. And 3 Others

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.....Respondent(s) Counsel for Petitioner(s) : Aishwarya Pratap Shahi, Sumit Suri, Sr. Advocate Counsel for Respondent(s) : Akshayavar Nath Pandey, C.S.C.

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Court No. - 38

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HON'BLE SIDDHARTH NANDAN, J.

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Heard Sri Nipun Singh, learned Senior Counsel assisted by Sri Aishwarya Pratap Singh, learned counsel for the petitioner, Sri J.K. Singh, learned Senior Counsel assisted by Sri A.N. Pandey, learned counsel for the respondents, and learned Standing Counsel for the Staterespondent.

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The present petition has been filed assailing the order dated 18.04.2026 passed by the District Inspector of Schools, Meerut, whereby the election of the petitioner has been rejected.

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Sri Nipun Singh, learned Senior Counsel, has vehemently argued that the DIOS ought to have referred the matter to the Regional Level Committee as per the mandate of the Government Order dated 19.12.2000 and could not himself have returned findings in relation to the validity of the election, particularly in view of the report of the Election Officer dated 16.04.2026. It is submitted that it was incumbent upon the DIOS to relegate the matter to the Regional Level Committee and, therefore, the order dated 18.04.2026 is wholly ex-parte order.

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Per contra, learned Senior Counsel for the respondents submits that it has been admitted in the report of the Election Officer itself that only 151 receipts of registered post were produced and that publication of notice was made in a newspaper published from New Delhi having no circulation in District Meerut.

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WRIC No. 18602 of 2026

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2

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In rejoinder, Sri Nipun Singh, learned Senior Counsel for the petitioner has drawn the attention of the Court to the report dated 16.04.2026 wherein it has specifically been stated that “साधारण डाक से सूचना ्ऺेिषत की गई है।” He has further referred to the statement made by the Election Officer in his report that by letter dated 20.03.2026, along with requisite fee, the publication charges were deposited in the Meerut office of the newspaper concerned.

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Prima facie, it appears that in case the DIOS was in disagreement with the report dated 16.04.2026, either he ought to have sought clarification from the Election Officer or referred the matter to the Regional Level Committee.

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At this juncture, Sri J.K. Singh, learned Senior Counsel, submits that keeping in view the admitted facts, though the same has been disputed by learned counsel for the petitioners, i.e to the effect that the newspaper in question was being published from New Delhi and had no circulation in District Meerut, and further that no documentary evidence was furnished along with the report of the Election Officer demonstrating dispatch of notices through ordinary post to all the 2492 members, the matter may appropriately be relegated to the Regional Level Committee in terms of the Government Order dated 19.12.2000.

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In view of the aforesaid, and with consent of learned counsel for the parties, the impugned order dated 18.04.2026 is hereby set aside with the following directions:-

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A. The respondent no. 2 to refer the matter to the Regional Level Committee, Meerut, within a period of one week from the date of production of a certified copy of this order.

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B. The Regional Level Committee shall specifically seek reply from the Election Officer and require him to furnish evidence in support of his report dated 16.04.2026, particularly with respect to:

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WRIC No. 18602 of 2026

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3

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i. Publication of the newspaper in question within the Meerut region; and ii. Evidence demonstrating that notices through ordinary post were sent to all the 2492 members.

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C. It shall also be open for the respondents to submit their objections and any additional grounds before the Regional Level Committee.

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D. The Regional Level Committee is directed to conclude the proceedings strictly in accordance with law and after adhering to the principles of natural justice, preferably within a period of two months from the date of production of a certified copy of this order.

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With the aforesaid observations, the writ petition stands disposed of.

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(Siddharth Nandan,J.)

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May 12, 2026

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Sushma

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Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad

Committee of Management, Kisan Inter College v. State of U.P. and 3 Others

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Committee of Management, Kisan Inter College v. State of U.P. and 3 Others

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