Allahabad High Court
C/M Swami Shivanand Saraswati A.S. ... vs State Of U.P. And Others on 27 July, 2010
Author: Dilip Gupta
Bench: Dilip Gupta
Court No. - 39 Case :- WRIT - C No. - 43309 of 2010 Petitioner :- C/M Swami Shivanand Saraswati A.S. Higher Sec.Thr.Man & Anr. Respondent :- State Of U.P. And Others Petitioner Counsel :- Suresh Chandra Dwivedi,P.S. Baghel Respondent Counsel :- C.S.C. Hon'ble Dilip Gupta,J.
The Committee of Management, Swami Shivanand Saraswati Amar Shahid Higher Secondary School Thathia, Kannau and Tej Singh Kannaujia claiming to be its Manager have filed this petition for quashing the decision taken by Regional Level Committee on 20.7.2010, by which the elections of the petitioner Committee of Management held on 22.11.2009 have not been approved and a direction has been issued for appointment of an Authorised Controller for holding the elections of the Committee of Management of the Institution within a period of three months.
It is contended by Sri P.S. Baghel, learned Senior Counsel assisted by Sri S.C. Dwivedi, learned counsel for the petitioners that the decision taken by Regional Level Committee deserves to be set- aside as valid reasons have not been given for not approving the elections of the petitioner Committee of Management of the Institution held on 22.11.2009. It is his submission that the elections were held on 22.11.2009 in the presence of the Observer appointed by the District Inspector of Schools, Kannauj and the District Inspector of Schools, Kannauj also attested the signature of the Manager Tej Singh Kannaujia on 2.12.2009 and though the claim of the respondents regarding holding of the elections on 13.12.2009 has not been accepted for lack of evidence, the claim of the petitioner has not been accepted since the elections were not held from the members in accordance with the Government Order dated 21.11.2008. It is the submission of learned Senior Counsel for the petitioners that the Government Order dated 21.11.2008 merely provides that the Scheme of Administration has to be amended in a manner that the members of the General Body of the Society take part in the elections of the Committee of Management of the Institution, but without taking this aspect into consideration only a bold statement has been made that the elections were not held from the valid list of the members.
In view of the facts and circumstances of the case and in view of the submissions advanced by the learned Senior Counsel for the petitioners, the operation of the impugned decision taken by the Regional Level Committee on 20.7.2010 deserves to be stayed.
Learned Standing Counsel has accepted notice on behalf of respondent nos.1 to 5. Issue notice to respondent no.6 by registered post. Steps may be taken within a week. Respondents may file counter affidavit within four weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
Supplementary affidavit filed today be kept on record.
List this petition for admission/hearing in the week commencing 13th September, 2010.
Till the next date of listing the decision taken by the Regional Level Committee on 20.7.2010 shall remain stayed.
Order Date :- 27.7.2010 Kpy