Allahabad High Court
C/M S.A.V. Inter College Bharthana And ... vs State Of U.P. And Others on 6 January, 2010
Author: Dilip Gupta
Bench: Dilip Gupta
Court No. - 39 Case :- WRIT - C No. - 230 of 2010 Petitioner :- C/M S.A.V. Inter College Bharthana And Others Respondent :- State Of U.P. And Others Petitioner Counsel :- Siddharth Khare,Ashok Khare Respondent Counsel :- C.S.C.,Dharmesh Chaturvedi,K.P. Bajpai Hon'ble Dilip Gupta,J.
The Committee of Management - S.A.V. Inter College, Bharthana, Etawah and Sri Madhav Ram Dwivedi claiming himself to be the Manager have filed this petition for setting aside the order dated 31st October, 2009 passed by the Regional Level Committee not granting recognition to any of the Committee of Management of the Institution and issuing direction for holding the election after the dispute of the Society is resolved by the Prescribed Authority.
It is the contention of Sri Ashok Khare, learned Senior Counsel for the petitioners that the Regional Level Committee had accorded approval to the petitioner-Committee of Management for the elections held in 2006 despite the matter having been referred to the Prescribed Authority and so there was no occasion for the Regional Level Committee not to grant recognition to the subsequent elections held in the year 2009 and in any case the dispute before the Prescribed Authority is with regard to the Committee of Management of the Society and not with regard to the membership of the General Body.
The matter requires consideration.
Learned Standing Counsel appears for respondent nos.1 to 5 while Dr. K.P. Bajpai appears for respondent no.6. Issue notice to the respondent nos.7 and 8 by registered post. Steps may be taken within a week.
Respondents may file the counter affidavit within a period of three weeks. Rejoinder affidavit, if any, may be filed within one week thereafter.
List this petition for admission/hearing in the week commencing 8th February, 2010.
The operation of the order dated 31st October, 2009 shall remain stayed till the next date of listing.
Order Date :- 6.1.2010 GS