Allahabad High Court
Ashwani Sharma And Another vs State Of U.P. And Others on 22 January, 2010
Author: Dilip Gupta
Bench: Dilip Gupta
Court No. - 39 Case :- WRIT - C No. - 780 of 2009 Petitioner :- Ashwani Sharma And Another Respondent :- State Of U.P. And Others Petitioner Counsel :- M.K. Gupta Respondent Counsel :- C.S.C.,A.Khare,Sudhir Dixit Hon'ble Dilip Gupta,J.
This petition has been filed for quashing the order dated 2nd January, 2009 passed by the Authorised Controller/Associate District Inspector of Schools staying the election process for election of the Committee of Management of Vedi Ram Uchchattar Madhyamik Vidyalaya, Kahrola, Bulandshahr.
On 13th January, 2009 the Court passed a detailed order staying the operation of the order. The Court further ordered that the election proceedings shall be held but its result shall not be declared.
It appears from the records that some complaint had been filed regarding the election that was to be held and the Authorised Controller and taking notice of the complaint, the Authorised Controller stayed the election process.
List has been revised but Sri Sudhir Dixit, learned counsel for the respondents has not appeared.
In the counter affidavit filed by the learned Standing Counsel, it has been stated in paragraph 4 that the election has been held but the result has not been declared because of the interim order passed by the Court.
Sri M.K. Gupta, learned counsel appearing for the petitioners states that since the election process had been stayed by the Authorised Controller because of the complaint made by respondent no.5, the result of the election may be declared with liberty to respondent no.5 to raise objections before the District Inspector of Schools or the Regional Committee, as the case may be.
The order dated 2nd January, 2009 passed by the Authorised Controller is, accordingly, set aside. The writ petition is allowed with a direction to the respondents to declare the result of the election and in case respondent no.5 is aggrieved, he may file objections before the District Inspector of Schools or the Regional Committee, as the case may be.
Order Date :- 22.1.2010 GS