SUNIL KUMAR RAI AND ORS. Vs. STATE OF U.P. AND ORS.
LAWS(ALL)-2011-4-450
HIGH COURT OF ALLAHABAD
Decided on April 07,2011

Sunil Kumar Rai And Ors. Appellant
VERSUS
State of U.P. and Ors. Respondents

JUDGEMENT

- (1.) THE present appeal has been filed against judgment and order dated 31.3.2011 passed by the learned Single Judge whereby the writ petition preferred by the present Appellant seeking a direction that Appellants should also be permitted to participate in the election as they are valid members of the general body of the institution known as Adarsh Uchchattar Madhyamik Vidyalaya, Surat, District Ghazipur has been dismissed on the ground that the election process have already started and it will be open to the Petitioners to challenge the election whatever may be, including the grounds taken in the writ petition after the elections are over.
(2.) WE have heard Shri P.S. Baghel, learned Counsel for the Appellant assisted by Shri R.M. Saggi on behalf of the Appellants and learned Standing Counsel representing Respondent No. 1, 2, 3 and 4 and have perused the impugned judgment and order dated 31.3.2011 passed by the learned Single Judge giving rise to the present appeal, the grounds taken in the memo of appeal and the documents filed along with it. Learned Counsel for the Appellant submitted that the Appellants are valid members of the Board of the general body and therefore, they are entitled to take part in the election, which is going to be held. We may mention here that the returning officer has already finalized the election schedule. The Appellant may challenge the election on all available grounds before the competent authority.
(3.) WE may mention here that the District Inspector of Schools shall consider the objections of the Petitioner, if they are filed, at the time of considering the question of recognizing the elections.;


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