COMMITTEE OF MANAGEMENT PINDER PUBLIC JUNIOR HIGH SCHOOL THARALI Vs. BASIC SHIKSHA ADHIKARI CHAMOLI
LAWS(ALL)-2000-5-53
HIGH COURT OF ALLAHABAD
Decided on May 03,2000

COMMITTEE OF MANAGEMENT PINDER PUBLIC JUNIOR HIGH SCHOOL, THARALI Appellant
VERSUS
BASIC SHIKSHA ADHIKARI, CHAMOLI Respondents

JUDGEMENT

D.K.Seth, J. - (1.) Life of the Committee of Management came to an end few months back and an election was held but the Election Officer had declared the said election invalid and irregular and, therefore, the Committee of Management purported to have been elected could not be approved. Therefore, a fresh election was directed to be held in accordance with law by an order dated 24th March. 2000. Since there was no Committee of Management, by an order dated 7th April. 2000 an authorised controller was appointed. Mr. M.S. Negi, learned counsel for the petitioner contends that the said order does not contain any reason and that the District Basic Education Officer has no authority or jurisdiction to appoint authorised controller. He has challenged both these orders. So far as the order dated 24th March. 2000 is concerned, he contends that the order cannot be sustained since there is no specific allegation as to on which ground the election was held to be invalid.
(2.) I have heard Mr. Negi and the learned standing counsel at length.
(3.) In the order dated 24th March, 2000, it was pointed out that the Election Officer had declared the election invalid and, therefore, the Committee of Management purported to have been elected could not be approved. In such circumstances, a fresh election was directed to be held. The question of election is a question which is related to certain facts. The observer and the Election Officer had submitted their report and had opined that the election was invalid. Whether the election was valid or invalid is a question dependant on certain facts. The petitioner claims that the election was valid, whereas the Election Officer in his report had made out certain grounds on which he declares the election invalid. These are disputed questions of fact. This Court sitting in writ jurisdiction cannot go into these disputed questions of fact.;


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