Allahabad High Court
C/M Dr. Sudama Prasad Kanya Inter ... vs State Of U.P. And Others on 3 July, 2010
Author: V.K. Shukla
Bench: V.K. Shukla
1
Reserved
Civil Misc. Writ petition No.34358 of 2009
Committee of Management,
Dr. Sudama Prasad Kanya Inter College,
Shahjahanur, U.P. Through its Manager
Versus
State of U.P. and others
Hon'ble V.K. Shukla,J.
Earlier this Court on 16.11.2007 had set aside the election which were approved by the Regional Level Committee on 17.02.2006 and had directed to get the fresh elections held through the agency of the Prabandh Sanchalak. Aggrieved against the said order, Special Appeal No.1743 of 2007 had been filed. The Special appeal Bench on 02.01.2008 gave following directions:
"For this limited reason we are not expressing otherwise on the findings and merits of the reasoning given by the learned Single Judge (V.K. Shukla, J.), we dispose of this appeal by giving liberty to the appellant to apply for review of the impugned order, which as stated above will be applied within 15 days and we direct that the operative part of the order passed by the learned Single Judge, namely, that Prabandh Sanchalak will hold a fresh election and that the appellant has to hand over charge to the Prabhandh Sanchalak will remain in abeyance until the review is finally heard and decided. We request the learned single Judge to decide the review application at the earliest.
Appeal is disposed of accordingly."
Pursuant to the order passed by Special Appeal Bench review application had been filed and the said review application has been dismissed today. Once review application has been dismissed, then the net effect of the same is that the respondent had no authority to hold the election and the election had to be held through the agency of the Prabandh Sanchalak. Once authority of the respondent was not at all there to hold the election, then holding of any such election and recognition of the same cannot be approved of.
Learned counsel for the parties, Sri Prabhakar Awasthi and Sri G.K. Singh, Advocates, accepted this position that the fate of this writ petition was 2 dependent on the fate of the review application. Once review application has been dismissed, the order passed by this Court, which remained in abeyance till review application was decided, has come into operation, and once the said order is there, the subsequent election by an agency other than the agency of Prabandh Sanchalak cannot be approved of. In such a situation, the elections are not being approved of.
Consequently, writ petition succeeds and the same is allowed. The order according recognition to the said elections by Regional Level Committee dated 17.02.2009 and the consequential order dated 03.06.2009 are hereby quashed and set aside.
03.07.2010 SRY