Allahabad High Court
C/M, Smt. Kailashi Devi Agarwal Inter ... vs State Of U.P. & Others on 13 January, 2010
Author: Dilip Gupta
Bench: Dilip Gupta
Court No. - 39 Case :- WRIT - C No. - 993 of 2010 Petitioner :- C/M, Smt. Kailashi Devi Agarwal Inter College & Anr. Respondent :- State Of U.P. & Others Petitioner Counsel :- G.K. Singh,V.K. Singh Respondent Counsel :- C.S.C.,B.N. Singh,H.N. Singh Hon'ble Dilip Gupta,J.
The petitioners have sought the quashing of the order dated 22nd December, 2009 passed by the Regional Committee, Agra by which the elections of the Committee of Management held on 8th March, 2009 which had been approved by the District Inspector of Schools on 16th March, 2009 have not been recognized and a direction has been issued that in the meantime the Authorized Controller shall manage the affairs of the Institution and hold the elections.
It is the contention of Sri G.K. Singh, learned counsel appearing for the petitioners that the tentative list of members of the General Body of the Society was published inviting objections but the petitioners did not file any objections and the elections were held on the basis of the said list. He further submits that the view taken by the Regional Committee that the elections were not held on the basis of the list approved by the Assistant Registrar is not correct in view of the decision of a Division Bench of this Court in Committee of Management, Hindu Inter College, Koshi Kalan, & Ors. Vs. Regional Deputy Director of Education, Agra Region Agra, & Ors., reported in 1988 UPLBEC 732.
The matter requires examination.
Sri Pankaj Rai, learned Additional Chief Standing Counsel has put in appearance on behalf of respondent Nos. 1, 2, 3 and 4. Sri H.N. Singh, has put in appearance on behalf of respondent No. 5. The respondents may file a counter affidavit within four weeks. Rejoinder affidavit, if any, may be filed within two weeks' thereafter.
List this petition for admission/hearing in the week commencing 8th March, 2010.
Till the next date of listing elections, as directed by the Regional Committee, shall not be held. It is, however, made clear that the remaining directions issued by the Regional Committee have not been stayed.
Order Date :- 13.1.2010 NSC